Reckless Driving In Virginia Beach

For a lot of our clients, a charge of Reckless Driving can result in the loss of their job, their security clearance, etc.

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Edwin v. Commonwealth

Facts:

After the Circuit Court of Virginia Beach ruled that evidence that a breath test was offered to defendant would be permitted, but directed the granting of a limiting instruction as to the use of that evidence, a jury convicted defendant of driving under the influence of alcohol in violation of Va. Code Ann. § 18.2-266, and reckless driving in violation of Va. Code Ann. § 46.2-862. Defendant appealed.

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Holdings:

The Virginia Court made the following holding:

· In a criminal case, it is implicit that, in order to determine whether there has been a fair trial on the merits and whether substantial justice has been reached, a reviewing court must decide whether the alleged error substantially influenced the jury. If it did not, the error is harmless.

· Whether an accused drove a car while intoxicated may be determined from all of the evidence of his condition at the time of the alleged offense. In considering the totality of the circumstances surrounding his condition, the court may be guided by the statutory definition of intoxication. "Intoxicated" means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior. Va. Code Ann. § 4.1-100.

· The evidence at trial proved that defendant drove his car at a reckless speed and that, when stopped, he had an odor of alcohol about his breath, red and glassy eyes, and slurred speech, and performed poorly on field sobriety tests. From the totality of the evidence heard by the jury, excluding the officer's testimony that he offered breath tests to defendant, the trial court's error in admitting evidence that defendant was offered breath tests was harmless error.

Reckless Driving In Virginia Beach

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