Virginia DMV Reckless Driving

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Robinson v. Commonwealth

Facts:

Following a bench trial, the Circuit Court of Fairfax (Virginia) convicted defendant of reckless driving in violation of Va. Code Ann. § 46.2-862, and operating a motor vehicle on a suspended or revoked license, second or subsequent offense, in violation of Va. Code Ann. § 46.2-301. Defendant appealed. The appellate court disagreed, finding that defendant's Department of Motor Vehicle (DMV) driver history record, admitted into evidence without objection from defendant, reflected that defendant's license was revoked nearly three years before the date of the alleged offense, and that defendant was notified by mail of that revocation.

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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 erratic driving, the likelihood of injury to other users of the highways, lack of control of the vehicle, driving in excess of the speed limit, dangerous driving behavior, intoxication, and noncompliance with traffic markers. However, "fast" driving alone, without the element of endangering life, limb, or property, is not sufficient to support a conviction for reckless driving.

· The improper driving statute does not provide the jury the discretion to reduce a general reckless driving charge to an improper driving conviction.

· When a statute contains a given provision with reference to one subject, the omission of such provision from a similar statute dealing with a related subject is significant to show the existence of a different legislative intent.

· Where a statute speaks in specific terms, an implication arises that omitted terms were not intended to be included within the scope of the statute. Simply stated, when reviewing a statute, the appellate court must conclude that the General Assembly meant what it said.

Virginia DMV Reckless Driving

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