Friday, March 28, 2014
Reckless Driving In Virginia Beach Lawyers Code 46.2-862
Lawyer - Virginia
Reckless Driving
As per Va. Code §
46.2-852, the general rule for reckless driving is defined as, 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.
Below is a sample
case of reckless driving in Virginia as interpreted by a lawyer in our firm.
Have you been
charged with Reckless Driving in Virginia and you are wondering what the
penalty is in VA?
Are you concerned
about the consequences of being charged with Reckless Driving in Virginia?
For a lot of our
clients, a charge of Reckless Driving can result in the loss of their job,
their security clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of Reckless
Driving in Virginia.
If you have been
charged with a criminal offense of Reckless Driving in Virginia and you are
wondering what the penalty is in VA, contact our law firm for help.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. 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. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Marcel v.
Commonwealth
Facts:
Defendant argued
that the Virginia Beach 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. The plain
and unambiguous reading of § 46.2-869 made clear that authority rested 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 have
reduced a reckless driving charge to improper driving at any time before the
court's decision. Thus, only the trial judge, or the prosecutor before the
verdict was rendered, had the prerogative to reduce a reckless driving charge
to improper driving under § 46.2-869.
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 improper driving
statute, Va. Code Ann. § 46.2-862, states that the court in its discretion
may reduce the reckless driving charge to improper driving where the
degree of culpability is slight. 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.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
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. The lawyers in our law firm have the necessary experience to assist
you with this matter.
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