Tag Archives: Miles Per Hour

Caroline Virginia State Law 46.2 862

19 Thursday Dec 2013

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State Law 46.2 862 Charge – Virginia Lawyers

If you are dealing with a State Law 46.2 862 charge in Virginia, contact our law firm immediately for help.

State Law 46.2 862 defense in Virginia

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Commonwealth v. Smith

Facts:

Defendant appealed her conviction by the Circuit Court of Caroline (Virginia) of reckless driving by speeding 70 miles per hour in a 45 miles-per-hour zone in Virginia State under Virginia Code Ann. § 46.2-862, following the denial of her motion to strike the evidence obtained by pacing to prove her speed, alleging that pacing as per law was not a method for determining speed listed in Va. Code Ann. § 46.2-882.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 46.2-882 is a statute permitting the admissibility of evidence. It is not a statute of exclusion. It sanctions four types of scientific evidence that determine speed by eliminating the need to prove that the underlying scientific principle or technique of the measuring device is reliable.
  • Nothing in Va. Code Ann. § 46.2-882 suggests it is meant to limit the means for proving speed. The statute itself states that speed “may” be determined by the enumerated means. “The word “may” is prima facie permissive, importing discretion, but the courts construe it to be mandatory when it is necessary to accomplish the manifest purpose of the Virginia legislature. Even lay witness testimony has always been an acceptable method of the speed of a car. The statute does not prevent the Commonwealth from proving a vehicle’s speed by other methods.
  • One of the easiest methods of proving a vehicle’s speed is by pacing. This involves accurately determining the speed of one vehicle while proceeding at a constant distance from a second vehicle. If the distance between the two vehicles remains constant, the speed of the second vehicle must be the same as the known speed of the first vehicle. Va. Code Ann. § 46.2-942 clearly contemplates the use of pacing as a method of determining a vehicle’s speed by authorizing the admission of calibration tests to prove the accuracy of an arresting officer’s speedometer.

State Law 46.2 862 defense in Virginia

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Caroline Virginia 46.2-862

19 Thursday Dec 2013

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46.2-862 Charge Of Reckless Driving – Virginia Lawyers

If you are dealing with a 46.2-862 Charge Of Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-862 Charge Of Reckless Driving defense in Virginia

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James Peter v. Commonwealth

Facts:

Defendant was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone. Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge. Defendant alleged that he was convicted of speeding by virtue of this payment of the fines and costs and therefore he could not be prosecuted for the driving under the influence charge because Va. Code Ann. § 19.2-294.1 prevented dual convictions of driving under the influence and reckless driving. On review, the court disagreed holding that defendant’s argument required that he be charged with and convicted of reckless driving. The court stated that speeding was a traffic infraction and reckless driving was a misdemeanor. In addition, the court determined that § 19.2-294.1 only applied if defendant was charged with driving under the influence and reckless driving. The court held that where the evidence supported prosecution under two parallel statutes, the Commonwealth had the right to elect under which statute to proceed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Under Va. Code Ann. § 16.1-69.40:1, it is not possible for a defendant to prepay the fine for a reckless driving charge as it is expressly forbidden by Va. Code Ann. § 16.1-69.40:1(d).
  • Va. Code Ann. § 19.2-294 states that if a defendant is charged with driving under the influence of intoxicants and with reckless driving and he is convicted of one of those charges, then the court shall dismiss the remaining charge. The purpose of § 19.2-294 is to prevent the conviction of two different class one misdemeanors arising out of the same driving acts, when one of the misdemeanors is driving under the influence of intoxicants and the other is reckless driving. Where the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed.

46.2-862 Charge Of Reckless Driving defense in Virginia

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Article written by A Sris
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Marion Virginia Caroline Reckless Driving Lawyers

19 Thursday Dec 2013

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Marion Virginia Reckless Driving Charge – Virginia Lawyers

There are many different penalties for a Marion Virginia Reckless Driving Charge.

If you are dealing with a Marion Virginia Reckless Driving Charge, contact our law firm immediately for help.

Marion Virginia Reckless Driving Charge

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Williams v. Commonwealth

Facts:

Williams was driving on a highway in Marion, in excess of eighty miles per hour. As a result, Williams was issued a summons for reckless driving by speed. A jury in the Circuit Court of Caroline (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed.

If you are facing a traffic case in Caroline, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
  • Improper driving, Va. Code Ann. § 46.2-869, is not a lesser-included offense of reckless driving by speed, Va. Code Ann. § 46.2-862. Every commission of reckless driving by speed does not also constitute a commission of improper driving. In addition, improper driving is not composed entirely of the elements of reckless driving by speed. Improper driving requires an additional finding of slight culpability, an element excluded from the reckless driving by speed statute.

Marion Virginia Reckless Driving Charge

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Article written by A Sris
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Virginia 46.2-862 Caroline Reckless Driving

18 Wednesday Dec 2013

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46.2-862 Reckless Driving – Virginia Lawyers

There are many different penalties for a 46.2-862 Reckless Driving charge in Virginia.

If you are dealing with a 46.2-862 Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-862 Reckless Driving Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Virginia 46.2-862 Loudoun Reckless Driving Lawyers Speed Violation

Dania v. Commonwealth

Facts:

A jury in the Circuit Court of Caroline (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed. Defendant argued that the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Va. Code Ann. § 46.2-869, was a lesser-included offense of reckless driving by speed. The appellate court disagreed. Improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862.

If you are facing a traffic case in Caroline, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit..
  • Improper driving, Va. Code Ann. § 46.2-869, is not a lesser-included offense of reckless driving by speed, Va. Code Ann. § 46.2-862. Every commission of reckless driving by speed does not also constitute a commission of improper driving. In addition, improper driving is not composed entirely of the elements of reckless driving by speed. Improper driving requires an additional finding of slight culpability, an element excluded from the reckless driving by speed statute.
46.2-862 Reckless Driving Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
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Caroline Virginia Reckless Driving State Law 46.2-862

18 Wednesday Dec 2013

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Reckless Driving State Law – Virginia Lawyers

There are many different penalties for violating the reckless driving state laws in Virginia.

If you are dealing with a violation of the reckless driving state laws in Virginia, contact our law firm immediately for help.

Reckless driving state laws In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Warner v. Commonwealth

Facts:

A jury in the Circuit Court of Caroline (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed. Defendant argued that the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Virginia state traffic laws, Va. Code Ann. § 46.2-869, was a lesser-included offense of reckless driving by speed. The appellate court disagreed. Improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862.

If you are facing a traffic case in Caroline, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • The plain and unambiguous reading of the improper driving statute, Va. Code Ann. § 46.2-862, makes clear that authority rests with the trial judge and not the jury to make the lesser degree of culpability determination. In the alternative, an attorney for the Commonwealth may reduce a reckless driving charge to improper driving at any time prior to the court’s decision. Thus, only the trial judge, or the prosecutor before the verdict is rendered, has the prerogative to reduce a reckless driving charge to improper driving under § 46.2-869.
  • A reviewing court’s responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.
Reckless driving state laws In Virginia

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Article written by A Sris
Sris Law Group
1-703-278-0405