Reckless Driving Lawyer Henrico Virginia

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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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.

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Penny v. Commonwealth

Facts:

Appellant sought review of a judgment in the Circuit Court of Chesterfield County (Virginia), which denied his motion to dismiss charges of reckless driving Henrico Virginia and evading and eluding based on former jeopardy and violation of Va. Code § 19.2-274.

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:

· Although the language of Va. Code § 19.2-294 does not state that it provides a defense of former jeopardy, it amounts to such a defense in purpose and desired effect. Like the bar of former jeopardy under U.S. Const. amend. V, § 19.2-294 prevents the Commonwealth from subjecting an accused to the hazards of vexatious, multiple prosecutions. To argue a violation of double jeopardy protections or Va. Code § 19.2-294, a defendant must present his plea in writing seven days prior to the trial date. Va. R. Crim. P. 3A:9(b)-(c). If Rule 3A:9 is not followed, a defendant is deemed to have waived these concerns. However, "for good cause shown," a circuit court can allow an oral motion prior to trial. Va. R. Civ. P. 3A:9(b)(3).

Reckless Driving Lawyer Henrico Virginia

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