Friday, April 4, 2014
Virginia Reckless Driving Richmond Lawyers Habitual Offender
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:
While defendant
sat in the driver's seat of a vehicle stopped at a tollbooth in Richmond, a police
officer approached the vehicle, smelled alcohol, and arrested defendant. After
defendant, a habitual offender, was convicted of driving under the influence of
alcohol, the trial court imposed a felony sentence under Va. Code Ann. §
46.2-357(B)(2) because defendant's drunken driving had allegedly endangered the
vehicle's passengers. Accordingly, defendant sought review, claiming nobody had
been endangered and as such, the trial court should have imposed a misdemeanor
sentence, pursuant to Va. Code Ann. § 46.2-357(B)(1). In reversing, the court
held that even though defendant had been negligent in operating the vehicle,
defendant's intoxication had not been such that it had elevated defendant's
conduct to the level of reckless driving. Thus, the court held the evidence had
failed to prove that defendant's drunken driving had endangered others, as
required by Va. Code Ann. § 46.2-357(B)(2).
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. § 46.2-357
reads: B. Any person found to be an habitual offender under this article,
who is thereafter convicted of driving a motor vehicle or self-propelled
machinery or equipment in the Commonwealth while the order of the court
prohibiting such driving is in effect, shall be punished as follows: 1. If
such driving does not, of itself, endanger the life, limb, or property of
another, such person shall be guilty of a misdemeanor punishable by
confinement in jail for no more than ninety days and a fine of not more
that $ 2,500, either or both. However, ten days of any such confinement
shall not be suspended except in cases designated in subdivision 2 (ii) of
this section.
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:
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