Reckless Driving Virginia Punishment

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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Samuelson v. Commonwealth

Facts:

Defendant challenged the decision of the Circuit Court of Fairfax (Virginia), which imposed punishment and convicted him of reckless driving based upon the same act from an earlier conviction for reckless driving.

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Holdings:

The Virginia Court made the following holding:

· Va. Code Ann. § 19.2-294.1 provides: Whenever any person is charged with a violation of § 18.2-266, the statute prohibiting driving while intoxicated, or any similar ordinances of any county, city, or town and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.

· The court reversed, holding that the same act meant the same act of driving and contemplated a continuous, uninterrupted course of operation of a motor vehicle, without regard to the crossing of the boundary line between two localities. From the moment the police first observed defendant until finally apprehended, defendant engaged in a continuous, uninterrupted course of driving. The charges against him, therefore, grew out of the same act or acts within the meaning of Va. Code Ann. § 19.2-294.1. Hence, the earlier city conviction of reckless driving required the dismissal of the latter driving while intoxicated charge.

Reckless Driving Virginia Punishment

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