Reckless Driving Lawyer Smyth 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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Felix v. Commonwealth

Facts:

Defendant a resident of Smyth filed a motion to suppress evidence taken from defendant's automobile after he was stopped and given a summons for reckless driving.

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:

· The summons is a post-arrest document which facilitates prompt release upon a promise to reappear. It shortcuts the requirement that the accused be returned before the issuing authority for the purpose of setting bail, thus minimizing imposition and inconvenience both to the accused and to the arresting officer. The position in the structure of arrest is borne out by the language of the statutes authorizing arrest and the language of Va. Code Ann. § 46.2-936. Section 46.2-936 applies when an accused is detained by or in the custody of an arresting officer and refers specifically to an arrest on a warrant. The seizure of the person and the lodging of a charge against him comprise the arrest. The accomplishment of these acts brings into consideration the issuance of a summons. The summons is thereafter prepared and issued.

· Reckless driving is a Class I misdemeanor.

· The court held that the officer had probable cause to arrest defendant for reckless driving committed in his presence. Once an officer made a lawful custodial arrest of the occupant of an automobile, he was authorized to search the vehicle's passenger compartment. The court held that the fact that the officer was going to release defendant person from custody under the provisions of Va. Code Ann. § 46.2-936 governing the issuance of a summons did not negate the fact that the defendant was under arrest. The court noted that had the officer made a determination that defendant would ignore the summons, the officer would have been authorized to bring defendant before a magistrate under Va. Code Ann. § 46.2-940.

Reckless Driving Lawyer Smyth Virginia

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