Reckless Driving Lawyer Loudoun 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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Daniel v. Commonwealth

Facts:

Appellant sought review of a judgment in the Circuit Court of Loudoun (Virginia), which denied his motion to dismiss charges of reckless driving 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:

· When on appeal an appellant challenges the sufficiency of the evidence to sustain his conviction, it is the appellate court's duty to examine the evidence that tends to support the conviction and to permit the conviction to stand unless it is plainly wrong or without evidentiary support. The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder, who has the opportunity to see and hear that evidence as it is presented.

· A showing of "inattention and inadvertence," i.e., simple negligence, is insufficient to justify the imposition of a criminal penalty. Rather, the negligence must be "gross negligence" and must be accompanied by acts of commission or omission of a wanton or willful nature, showing a reckless disregard or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his or her acts.

· For purposes of the element of intent required to support a conviction under Va. Code Ann. § 18.2-371.1, the term "willful act" imports knowledge and consciousness that injury will result from the act done. The act done must be intended or it must involve a reckless disregard for the rights of another that will probably result in an injury. Thus, the issue of intent requires an examination not only of the act that created the risk but also of the degree to which the accused was or should have been aware of the danger that resulted from the act.

Reckless Driving Lawyer Loudoun Virginia

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