Reckless Driving Ticket In Caroline Virginia

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Caroline Virginia 46.2-862

19 Thursday Dec 2013

Posted by Caroline Virginia Lawyer in Caroline Virginia Reckless Driving Laws

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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

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.

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

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
1-703-278-0405

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Marion Virginia Caroline Reckless Driving Lawyers

19 Thursday Dec 2013

Posted by Caroline Virginia Lawyer in Caroline Virginia Reckless Driving Laws

≈ Comments Off on Marion Virginia Caroline Reckless Driving Lawyers

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888-437-7747, Caroline, Caroline Lawyer, Caroline virginia, Caroline Virginia Attorney, Caroline Virginia Attorneys, Caroline Virginia Law, Caroline virginia laws, Caroline Virginia Lawyer, Caroline Virginia Lawyers, Caroline Virginia Reckless Driving Lawyer, Defendant, Law Group, Marion Virginia, Maximum Speed, Maximum Speed Limit, Miles Per Hour, Necessary Experience, Reckless Driving Lawyers, Summons, Traffic Case, Twenty Miles, Virginia, Virginia Caroline Attorneys, Virginia Caroline Laws, Virginia Caroline Lawyer, Virginia Court

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

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.

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

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
1-703-278-0405

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