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82-1-6 / 46.2-852 Penalty – Virginia Lawyers
If you are concerned about a 82-1-6 / 46.2-852 Penalty In Virginia, contact our law firm immediately for help.
82-1-6 / 46.2-852 Penalty – Attorneys 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.
Block v. Commonwealth
Facts:
Defendant appealed from an order of the Circuit Court of Caroline (Virginia), which convicted him for reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively and also impose penalty for driving offense, contending that the evidence was insufficient to support the convictions.
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, in part, that any person who drives a vehicle on any highway recklessly or at a speed in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. Va. Code Ann. § 46.2-852. The word “recklessly” as used in the statute 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 lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Thus, the mere happening of an accident does not give rise to an inference of reckless driving. To convict, the Commonwealth of Virginia must prove every essential element of the offense beyond a reasonable doubt, with evidence which excludes every reasonable hypothesis of innocence and consistent only with guilt.
- Reckless driving is not a status offense, and a defendant cannot be convicted upon speculation and conjecture as to what caused him to lose control of the car.
82-1-6 / 46.2-852 Penalty – Attorneys 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.
A Sris
Sris Law Group
1-703-278-0405
