Reckless Driving Virginia First Offense Penalties

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Patrick v. Commonwealth

Facts:

In a prosecution of defendant for reckless driving first offense, the trial court imposed penalties and reasonably concluded that defendant was driving in a prohibited lane of travel; By not ensuring a clear pathway to change lanes, while traveling at 65 miles-per-hour in a tractor trailer, defendant drove his truck in a dangerous manner; Therefore, the manner and circumstances of defendant's operation of the tractor trailer proved he was driving recklessly; The evidence supported the trial court's findings.

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Holdings:

The Virginia Court made the following holding:

· The term "recklessly" imparts a disregard by the driver for the consequences of his act and an indifference to the safety of life, limb, or property. The essence of the offence of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Factors tending to show recklessness include the likelihood of injury to other users of the highways, lack of control of the vehicle, dangerous driving behavior, and noncompliance with traffic markers.

· In its review of the sufficiency of the evidence, the appellate court must uphold the conviction unless it was plainly wrong or lacked evidence to support it. Additionally, on appellate review, the appellate court examines the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible from that evidence. To do so, the appellate court discards the evidence of the accused in conflict with that of the Commonwealth, and regards as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom.

· The trier of fact is not required to accept a party's evidence in its entirety, but is free to believe and disbelieve in part or in whole the testimony of any witness.

Reckless Driving Virginia First Offense Penalties

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