Sunday, April 27, 2014

Reckless Driving In Virginia Beach Lawyers Double Jeopardy

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.

Carpenter v. Commonwealth

Facts:

Appellant sought review of a judgment in the Circuit Court of Virginia Beach (Virginia), which denied his motion to dismiss charges of reckless driving and evading and eluding based on former jeopardy and violation of Va. Code § 19.2-274.

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 double jeopardy clause insures that an accused is not subject for the same offense to be twice put in jeopardy of life or limb. U.S. Const. amend. V. This constitutional guarantee is applicable to the States through the due process clause of U.S. Const. amend. XIV.
  • Although the language of Va. Code § 19.2-294 does not state that it provides a defense of former jeopardy, it amounts to such a defense in purpose and desired effect. Like the bar of former jeopardy under U.S. Const. amend. V, § 19.2-294 prevents the Commonwealth from subjecting an accused to the hazards of vexatious, multiple prosecutions.
  • To argue a violation of double jeopardy protections or Va. Code § 19.2-294, a defendant must present his plea in writing seven days prior to the trial date. Va. R. Crim. P. 3A:9(b)-(c). If Rule 3A:9 is not followed, a defendant is deemed to have waived these concerns. However, "for good cause shown," a circuit court can allow an oral motion prior to trial. Va. R. Civ. P. 3A:9(b)(3).
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.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

Our Phone #

Virginia Beach

Virginia beach 757-512-5002
Click here to call us toll free Sris Lawyer Click here to call us toll free

Social Icons

Popular Posts

Powered by Blogger.