Reckless Driving Virginia Out of State

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Woods v. Commonwealth

Facts:

The Circuit Court of Fairfax County (Virginia) convicted defendant, of reckless driving and of operating a motor vehicle without a valid Virginia operator's license, in violation of Va. Code Ann. § 46.2-300. Defendant thus appealed. Defendant alleged on appeal that his conviction could not stand, as he had a valid Oregon commercial driver's license (CDL), and as such, he was duly licensed to operate a non-commercial vehicle in Virginia. The appeals court agreed. First, it found that to interpret Va. Code Ann. § 46.2-300 to require a holder of a valid out-of-state CDL to obtain an operator's license in order to operate a non-commercial vehicle in Virginia was contrary to the rules of statutory construction. The law did not require more of one who held an out-of-state CDL than it did of one who held a Virginia CDL. Thus, a domiciliary of another state, while residing in the Commonwealth, could use his CDL, issued by that state, to drive non-commercial vehicles in the Commonwealth. Moreover, this position was consistent with the legislature's intent that the holder of a CDL stood in a class separate from persons who hold regular driver's licenses.

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Holdings:

The Virginia Court made the following holding:

The various requirements of the Virginia Commercial Driver's License Act, Va. Code Ann. 46.2-341.1 et seq., manifestly create a regulated scheme which places holders of commercial driver's licenses in a class separate from persons who hold regular driver's licenses.

Reckless Driving Virginia Out of State

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