Reckless Driving Virginia Points

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Anderson v. Commonwealth

Facts:

Defendant sought review of a judgment from the Circuit Court of Fairfax County (Virginia), which convicted defendant, a habitual offender, of driving under the influence of alcohol and which sentenced defendant as a felon, pursuant to Va. Code Ann. § 46.2-357(B)(2). In claiming that the drunken driving had endangered nobody, defendant sought imposition of a misdemeanor sentence, pursuant to Va. Code Ann. 46.2-357(B)(1). In reversing, the court held that even though defendant had been negligent in operating the vehicle, defendant's intoxication had not been such that it had elevated defendant's conduct to the level of reckless driving. Thus, the court held the evidence had failed to prove that defendant's drunken driving had endangered others, as required by Va. Code Ann. § 46.2-357(B)(2).

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Holdings:

The Virginia Court made the following holding:

The distinction between negligent driving and reckless driving is the critical element in determining punishment under Va. Code Ann. § 46.2-357. In defining the conduct that gives rise to felony punishment under Va. Code Ann. § 46.2-357(B)(2), the legislature uses the phrase, "driving that endangers the life, limb, or property of another," language virtually identical to that found in the statute defining reckless driving, pursuant to Va. Code Ann. § 46.2-852.

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