Virginia Reckless Driving Punishment

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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Mason v. Commonwealth

Facts:

Defendant challenged the judgment of the Circuit Court of Fairfax (Virginia), which imposed punishment and convicted defendant of reckless driving and speeding.

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:

·         Evidence which tends to establish the probability or improbability of any fact in issue is relevant. Intoxication, therefore, is relevant as an aggravating factor, increasing with its degree, bearing upon the relative culpability of a defendant's conduct, even though it is irrelevant to the determination of malice. Intoxication is relevant to a determination of the degree of the defendant's negligence: whether ordinary, gross, or wanton. It may serve to show a reckless disregard of human life, a requisite element for a conviction of involuntary manslaughter. Degree of intoxication is also relevant to a determination of the appropriate quantum of punishment. Voluntary intoxication, in the case of a driver, is an aggravating factor properly considered for this purpose.

·         Speeding is chargeable and punishable under the provisions of Article 8 in the Motor Vehicle Code chapter on the regulation of traffic and is a traffic infraction punishable merely by a fine.

·         The provisions of Va. Code Ann. § 19.2-294.1 do not bar the Commonwealth from convicting a person for DUI after the person was convicted of speeding, even where the charges arose out of the same course of driving and the act of speeding could have given rise to a charge and conviction for reckless driving under Va. Code Ann. § 46.2-862.

Virginia Reckless Driving Punishment

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