Virginia Reckless Driving Defense

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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Kingston v. Commonwealth

Facts:

Defendant sought review of a judgment of the Circuit Court of Fairfax County (Virginia), which convicted him of eluding a police officer and reckless driving in violation of Va. Code Ann. § 46.2-817, and Va. Code Ann. § 46.2-852. Defendant was issued a summons for driving on two defective tires and for failing to have a front license plate. The officer informed defendant that he would have to park the unsafe vehicle. Defendant ran to his vehicle and drove away. Defendant’s defense was that the eluding a police officer and reckless driving constituted "one act" pursuant to Va. Code Ann. § 19.2-294. Accordingly the court reversed the judgment of the trial court and held that the Section 19.2-294 was applicable to multiple convictions that were obtained in a single trial as well as multiple convictions that were obtained in consecutive trials. Although defendant's conduct amounted to both reckless driving and eluding a police officer, the conduct that gave rise to both offenses flowed from the "same act" and supported only one conviction pursuant to § 19.2-294.

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:

Where one occurrence of driving cannot be separated factually into separate and distinct acts of driving and constitutes one distinct, continuous and unaltered course of driving bounded closely in terms of place and time, such conduct is the "same act" of driving for purposes of a Va. Code Ann. § 19.2-294 claim.

Virginia Reckless Driving Defense

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