Reckless Driving Lawyer Dinwiddie Virginia

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Elvis v. Commonwealth

Facts:

An officer activated his signal and pursued the car defendant was driving; it turned into a gas station, accelerated, and re-entered the road without stopping or slowing down, causing other vehicles to brake or stop. Defendant pled guilty to reckless driving Dinwiddie Virginia. He argued the prosecution failed to prove that he endangered a person or the operation of a law enforcement vehicle, as required to convict him of violating § 46.2-817(B). The appellate court disagreed. He endangered the officer, himself, and nearby motorists; that no one was harmed was immaterial. His conviction of reckless driving arising from the same incident did not bar his prosecution for felony eluding under Va. Code Ann. § 19.2-294; as arrest warrants for the two offenses were issued on the same date, they were brought in a "single proceeding, " even though, for jurisdictional reasons, they were resolved by two different courts. As reckless driving and felony eluding were separate offenses in that different facts were required to prove each, defendant's conviction of both offenses did not violate the double jeopardy bar. Moreover, § 46.2-817(E) authorized a separate punishment for felony eluding.

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Holdings:

The Virginia Court made the following holding:

· As used in Va. Code Ann. § 46.2-817(B), the phrase to "endanger" means to expose to danger, harm, or loss. The object of the endangerment can be the driver himself, the police officer, or anyone else on the road that could be put at risk from the driver's eluding. That the exposure to danger does not result in any actual harm is a welcome fortuity, but not a legal defense. Rather, conduct that raises the specter of endangerment is the evil contemplated and proscribed by § 46.2-817(B). When considering on appeal the sufficiency of the evidence presented below, the appellate court presumes the judgment of the trial court to be correct and reverses only if the trial court's decision is plainly wrong or without evidence to support it. Under this standard, the appellate court is not permitted to reweigh the evidence. Instead, it asks whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

Reckless Driving Lawyer Dinwiddie Virginia

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