Reckless Driving Security Clearance Caroline Virginia

27 Monday Jan 2014

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Reckless Driving charge and its impact on your security clearance – Virginia Lawyers

If you are dealing with a Reckless Driving charge and its impact on your security clearance in Virginia, contact our law firm immediately for help.

Reckless Driving charge and its impact on your security clearance 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.

Tommy v. Commonwealth

Facts:

Defendant had pulled into a rest stop after a security clearance from a building to take a nap 15 minutes before his vehicle ran off the road. He informed police he did not remember why he ran off the road. The police testified there were no skid marks and no evidence of braking at the scene. At his trial for reckless driving, defendant stated that he previously had problems with control because of his tire combination and his vehicle was driven off the road by wind caused by a passing truck. The trial court convicted defendant of reckless driving.

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:
  • The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.
  • To fall asleep while operating an automobile manifests a disregard by the driver for the consequences of his act and an indifference to life, limb or property sufficient to find the operator guilty of the offense of reckless driving.
  • The driver of a vehicle has a duty to use ordinary care to keep his vehicle under proper control.
Reckless Driving charge and its impact on your security clearance defense in Virginia

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A Sris
Sris Law Group
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Appeal Caroline Reckless Driving Conviction Virginia

27 Monday Jan 2014

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Appeal Reckless Driving Conviction – Virginia Lawyers

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

If you are dealing with an Appeal Of A Reckless Driving Conviction In Virginia, contact our law firm immediately for help.

Appeal Reckless Driving Conviction In Virginia

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Pollard v. Commonwealth

Facts:

Defendant appealed a judgment by the Circuit Court of Caroline (Virginia) that convicted him of reckless driving, in violation of Va. Code Ann. § 46.2-852; defendant claimed that a United States Park police officer had no authority to stop him for speeding on an interstate. On appeal the court found that, even if the officer had no authority to stop defendant for speeding on the interstate, defendant’s reckless driving was a separate and distinct offense occurring after the original traffic stop had concluded. Therefore, the trial court did not err in defendant’s conviction of reckless driving under § 46.2-852

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:

  • An appellate court decides cases ‘on the best and narrowest ground available.'” Luginbyhl v. Commonwealth, 48 Va. App. 58, 64, 628 S.E.2d 74, 77 (2006) (en banc) (quoting Air Courier Conference v. Am. Postal Workers Union, 498 U.S. 517, 531, 111 S. Ct. 913, 112 L. Ed. 2d 1125 (1991) (Stevens, J., concurring)). Assuming without deciding that Shannon had no authority to stop appellant for speeding on Interstate 395, we need not address this issue because appellant’s reckless driving was a separate and distinct offense occurring after the original traffic stop had concluded.
Appeal Reckless Driving Conviction In Virginia

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Sris Law Group
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Virginia 46.2-862 Caroline Reckless Driving

27 Monday Jan 2014

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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 Caroline 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

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Sris Law Group
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Caroline Reckless Driving In Virginia Out Of State Driver

27 Monday Jan 2014

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Reckless Driving In Virginia Out Of State Driver Caroline

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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 v. Commonwealth

Facts:

Defendant sought review before the court after he was convicted on charges of reckless driving, driving on a suspended operator’s license, and speeding to elude, and he claimed that his rights under the Double Jeopardy Clause of U.S. Const. amend. V and Va. Code Ann. § 19.2-294 were violated when the driver was again tried in another court on identical charges brought by a different police officer of out of state.

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. § 19.2-294 reads that if the same act be a violation of two or more statutes, or of two or more ordinances, or of one or more statutes and also one or more ordinances, conviction under one of such statutes or ordinances shall be a bar to a prosecution or proceeding under the other or others. Furthermore, if the same act be a violation of both a state and a federal statute, a prosecution under the federal statute shall be a bar to a prosecution under the state statute.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

A Sris
Sris Law Group
1-703-278-0405

Virginia State Law Caroline Reckless Driving

27 Monday Jan 2014

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Reckless Driving State Law – Virginia Lawyers

If you have been charged with a violation of reckless driving state law in Virginia and you are concerned about a conviction, contact our law firm immediately for help.

Reckless driving state law 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.

Shawn v. Commonwealth

Facts:

The driver of a car was killed when it was struck by a police cruiser during a high-speed chase to apprehend defendant. The Court of Appeals of Virginia State affirmed defendant’s conviction for involuntary manslaughter. The present court awarded defendant an appeal, in which he argued that there was insufficient evidence to support his conviction. Since defendant had not assigned error to the Court of Appeals’ holding that his driving conduct was criminally negligent, that holding was binding on appeal. Proximate causation was the only remaining issue. Because defendant’s actions put into operation the high-speed chase, the officer’s intervening actions were not a superseding cause that alone caused the driver’s death

If you are facing a criminal 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 Supreme Court of Virginia has defined criminal negligence with reference to gross negligence. Gross negligence is punishable as criminal negligence when acts of a wanton or willful character, committed or omitted, show a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his acts. To convict a defendant of involuntary manslaughter based on such acts of criminal negligence, the Commonwealth must also prove that the defendant’s criminally negligent conduct was a proximate cause of the victim’s death
  • When a defendant challenges the sufficiency of the evidence, an appellate court considers the evidence in the light most favorable to the Commonwealth, the prevailing party in the circuit court, and the appellate court accords the Commonwealth the benefit of all reasonable inferences deducible from the evidence.

Reckless driving state law in Virginia.

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Sris Law Group
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Caroline Virginia Reckless Driving State Law 46.2-862

27 Monday Jan 2014

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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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Sris Law Group
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Caroline Virginia 46.2-852 Reckless Driving

27 Monday Jan 2014

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46.2-852 Reckless Driving – Virginia Lawyers

There are many different penalties for a 46.2-852 Reckless Driving charge in Virginia.

If you are dealing with 46.2-852 Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-852 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.

Prince v. Commonwealth

Facts:

Defendant appealed from the judgment of the Circuit Court of the Caroline (Virginia), which, after a bench trial, convicted her of reckless driving. The sole issue presented by the appeal was whether the evidence was sufficient to prove beyond a reasonable doubt that defendant drove a vehicle recklessly on a highway in violation of Va. Code Ann. § 46.2-852. The court found that the evidence was insufficient and reversed the conviction. The court held that under the facts shown by the record, the Commonwealth failed to prove beyond a reasonable doubt that defendant, who had fallen asleep at the wheel after drinking alcoholic beverages, was guilty of reckless driving in violation of § 46.2-852.

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:

  • Va. Code Ann. § 46.2-852 provides that, irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
  • The word “recklessly” as used in Va. Code Ann. § 46.2-852 imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property. The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

46.2-852 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.

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Sris Law Group
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Reckless Driving In Caroline Virginia

27 Monday Jan 2014

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Reckless Driving In Virginia Caroline

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

White v. Commonwealth

Facts:

Defendant was convicted of eluding a police officer and driving while intoxicated. Defendant argued that his conviction for eluding a police officer constituted a conviction for reckless driving, thereby requiring the trial court, in obedience to Va. Code Ann. § 19.2-294.1, to have dismissed a driving while intoxicated charge against him which arose out of the “same acts.” On appeal, the court affirmed the convictions.

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. § 19.2-294.1 provides that whenever a person is charged with both reckless driving and driving while intoxicated “growing out of the same act or acts” and is convicted of one of the offenses, the trial court shall dismiss the remaining charge.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

A Sris
Sris Law Group
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Caroline Reckless Driving In Virginia Fine

27 Monday Jan 2014

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Reckless Driving In Virginia Fine Caroline

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

Willard 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 fine and cost 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.

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. § 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.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

A Sris
Sris Law Group
1-703-278-0405

Caroline Reckless Driving In Virginia Consequences

27 Monday Jan 2014

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Reckless Driving In Virginia Consequences Caroline

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

Luther v. Commonwealth

Facts:

Defendant had pulled into a rest stop to take a nap 15 minutes before his vehicle ran off the road.  He informed police he did not remember why he ran off the road.  The police testified there were no skid marks and no evidence of braking at the scene.  At his trial for reckless driving, defendant stated that he previously had problems with control, consequences of wind caused by a passing truck, his tire combination and his vehicle was driven off the road. The trial court convicted defendant of reckless driving. On appeal, the court upheld the conviction..

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:
  • The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.
  • The mere happening of an accident does not give rise to an inference of reckless driving.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

A Sris
Sris Law Group
1-703-278-0405