Tuesday, March 18, 2014
Reckless Driving In Virginia Loudoun Lawyers Habitual Offender Felony
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.
Tolson v.
Commonwealth
Facts:
While defendant
sat in the driver's seat of a vehicle stopped at a tollbooth, a police officer
approached the vehicle, smelled alcohol, and arrested defendant. After
defendant in Loudoun, 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: 2. If
such driving, of itself, does endanger the life, limb, or property of
another, such person shall be guilty of a felony punishable by confinement
in the state correctional facility for not less than one year nor more
than five years or, in the discretion of the jury or the court trying the
case without a jury, by confinement in jail for twelve months and no
portion of such sentence shall be suspended except that (i) if the
sentence is more than one year in the state correctional facility, any
portion of such sentence in excess of one year may be suspended or (ii) in
cases wherein such operation is necessitated in situations of apparent
extreme emergency which require such operation to save life or limb, said
sentence, or any part thereof may be suspended. 3. If the offense of
driving while an order of adjudication as an habitual offender is in
effect is a second or subsequent such offense, such person shall be punished
as provided in subdivision 2 of this section, irrespective of whether the
offense, of itself, endangers the life, limb, or property of another.
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.