Reckless Driving Lawyer 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.

Don’t risk going to court without a lawyer, if you have been charged with a crime of Reckless Driving in Virginia.

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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Justin 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 a resident of Virginia Beach pled guilty to reckless driving in district court.

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 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.

· The Double Jeopardy Clauses of the United States and the Virginia Constitutions provide that no person shall be put twice in jeopardy for the same offense. This constitutional provision guarantees protection against (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense.

· The question whether punishments imposed by a court after a defendant's conviction upon criminal charges are unconstitutionally multiple cannot be resolved without determining what punishments the legislative branch has authorized. In making this determination, the court considers whether the Virginia General Assembly has clearly indicated its intent to impose multiple punishments for the defendant's conduct. In some cases, the legislative intent to impose multiple punishments is unambiguous because the statute in question makes that intent clear. Where a statute provides, "a violation of this section constitutes a separate and distinct offense," such language expresses the legislative intent to authorize the imposition of multiple punishments in conjunction with other statutes.

Reckless Driving Lawyer Virginia Beach

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