Virginia Reckless Driving Out Of State

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Jackson v. Commonwealth

Facts:

Defendant, holder of a valid out-of-state license, was charged with driving while intoxicated and issued a summons for speeding. He appealed his conviction by the Circuit Court of Fairfax (Virginia) of reckless driving by speeding 70 miles per hour in a 45 miles-per-hour zone under Va. Code Ann. § 46.2-862, following the denial of his motion to strike the evidence obtained by pacing to prove his speed, alleging that pacing was not a method for determining speed listed in Va. Code Ann. § 46.2-882.

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Holdings:

The Virginia Court made the following holding:

Nothing in Va. Code Ann. § 46.2-882 suggests it is meant to limit the means for proving speed. The statute itself states that speed "may" be determined by the enumerated means. "The word "may" is prima facie permissive, importing discretion, but the courts construe it to be mandatory when it is necessary to accomplish the manifest purpose of the Virginia legislature. Even lay witness testimony has always been an acceptable method of the speed of a car. The statute does not prevent the Commonwealth from proving a vehicle's speed by other methods.

Virginia Reckless Driving Out Of State

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