Virginia Reckless Driving Code

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Jim v. Commonwealth

Facts:

Arguing that he could not be convicted for DUI in view of the earlier manslaughter conviction, defendant claimed that both offenses grew out of the same occurrence and the DUI conviction would contravene the prohibition of Va. Code Ann. § 19.2-294, et seq. The court found otherwise and held that the offense of DUI was neither similar to, nor was it a lesser-included offense of, the crime of manslaughter. Further, the legislature had not made a DUI conviction a bar to a subsequent manslaughter conviction as it had with a conviction of reckless driving by the specific enactment of Va. Code Ann. § 19.2-294.1. Moreover, even if the DUI was a necessary factor to the manslaughter, it had been completed before the accident based on evidence that defendant engaged in extremely reckless motor vehicle operation immediately prior to the collision. In addition, the court held that it could not disregard defendant's own testimony as to the amount of alcohol he consumed merely because the trooper failed to advise him of his rights under the implied consent law, Va. Code Ann. §18.2-266, within two hours of the accident inasmuch as the trooper did not approach him until more than two hours later.

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Holdings:

The Virginia Court made the following holding:

· The prohibition of the ancient principle of the common law and the constitutional provisions declaratory thereof, against a second jeopardy, apply only to a second prosecution for the identical act and crime both in law and fact for which the first prosecution was instituted. In determining whether both indictments charge the same offense the test generally applied is that when the facts necessary to convict on the second prosecution would necessarily have convicted on the first, a final judgment on the first prosecution will be a bar to the second, but if the facts which will convict on the second prosecution would not necessarily have convicted on the first, then the first will not be a bar to the second, although the offenses charged may have been committed by the same state of facts. The offense of driving while under the influence is not similar to the crime of manslaughter, neither is it a lessor included offense. The two crimes are entirely separate in fact, as well as in contemplation of the law of Virginia.

Virginia Reckless Driving Code

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