Friday, August 22, 2014
Virginia Reckless Driving Richmond Lawyers Habitual Offender High Speed
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.
Anthony v.
Commonwealth
Facts:
Defendant in Richmond,
a previously adjudicated habitual offender, was arrested after a police chase during
which he operated a motorcycle at a high rate of speed, in gross violation of
posted limits, approached a group of children as they crossed the roadway,
prompting several to run and, moments thereafter, lost control, crashed into a
fence and fled. At an earlier trial, defendant was convicted of attempting to
elude police but a reckless driving charge was dismissed. Although reckless
driving was a necessary element to the felonious habitual offender charge, the
court held that the commonwealth was not collaterally estopped from bringing
the charge because the record did not reveal the reason for the earlier
dismissal of the reckless driving charge. Because defendant failed to challenge
the indictment in the trial court and the court found no justification to
invoke the ends of justice exception, the court declined to address defendant's
complaint on that issue. The court found the evidence sufficient to support the
finding that defendant's driving endangered life, limb, or property of others
in violation of Va. Code Ann. § 46.2-357(B)(2) and affirmed 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:
- To convict a defendant
under Va. Code Ann. § 46.2-357(B)(2), the commonwealth must prove driving
by an accused that, standing alone, was so gross, wanton, and culpable as
to show a reckless disregard of human life. The
doctrine of collateral estoppel arises from the protection from double
jeopardy in U.S. Const. amend. V and instructs that when an issue of
ultimate fact has once been determined by a valid and final judgment, that
issue cannot again be litigated between the same parties in any future
lawsuit. However, the doctrine does not apply if it appears that the prior
judgment could have been grounded upon an issue other than that which the
defendant seeks to foreclose from consideration. The party seeking the
protection of collateral estoppel carries the burden of showing that the
verdict in the prior action necessarily decided the precise issue he now
seeks to preclude. An acquittal, standing alone, does not permit a
conclusion with respect to a court's findings or rationale.
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.
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