Virginia Reckless Driving

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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If you have been charged with a criminal offense of Reckless Driving in Virginia and you are wondering what the penalty is in VA, contact our law firm for help.

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Hardy v. Commonwealth

Facts:

A police detective followed a car in which defendant was a passenger because it was being driven erratically. The driver of the car pulled into a church and school parking lot. When the detective confronted the driver in the parking lot, he smelled alcohol on his breath and arrested him for driving under the influence of alcohol and for reckless driving.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

· When probable cause exists to arrest a person, a constitutionally permissible search of the person incident to arrest may be conducted by an officer either before or after the arrest if the search is contemporaneous with the arrest.

· The inevitable discovery rule provides an exception to the requirement that a search be supported by a warrant. The rule derives from the principle that fruits of an unlawful search are inadmissible at trial, if the challenged evidence has been come at by exploitation of that illegality. Conversely, if the evidence is obtained by means sufficiently distinguishable to be purged of the primary taint, excluding the evidence does not serve the deterrent purpose of the rule. The inevitable discovery rule is an off-shoot of the independent source doctrine.

· When considering a sufficiency of the evidence question not properly preserved at trial, the appellant must do more than show that the Commonwealth failed to prove an element or elements of the offense. Otherwise, an appellate court would be required under the ends of justice exception to address the merits of every case where a defendant has failed to move to strike the Commonwealth's evidence as being insufficient to prove an element of the offense. Such a rule would obviate the requirement for making an adequate motion to strike or a contemporaneous objection that the evidence was insufficient. The exception therefore will not be invoked unless the evidence affirmatively shows that an element of the offense did not occur.

Virginia Reckless Driving

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