Virginia Reckless Driving Fairfax

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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Daisy v. Commonwealth

Facts:

Defendant a resident of Fairfax was charged with reckless driving under Va. Code Ann. § 46.2-852. She filed a motion in limine seeking to exclude any testimony concerning a preliminary breath test (PBT), or in the alternative, for an instruction with regard to the blood alcohol presumptions found in Va. Code Ann. § 18.2-269.

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:

· Va. Code Ann. § 46.2-852 provides that irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. The word "recklessly" as used in the statute imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property. The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

· The standard of review for determining whether non-constitutional error is harmless is whether it plainly appears from the record and the evidence given at the trial that the parties have had a fair trial on the merits and substantial justice has been reached, no judgment shall be arrested or reversed for any defect, imperfection, or omission in the record, or for any error committed on the trial. In order to determine whether there has been a fair trial on the merits and whether substantial justice has been reached, a reviewing court must decide whether the alleged error substantially influenced the fact finder. If it did not, the error is harmless.

· Virginia courts often have held that improperly admitted evidence in a bench trial was harmless due to the fact that a judge, unlike a juror, is uniquely suited by training, experience and judicial discipline to disregard potentially prejudicial evidence and to separate, during the mental process of adjudication, the admissible from the inadmissible, even though he has heard both.

Virginia Reckless Driving Fairfax

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