Virginia Reckless Driving Ticket Fine

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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Charles v. Commonwealth

Facts:

Defendant appeals his conviction of reckless driving ticket in violation of Code § 46.2-852. The appellant argues that the evidence was insufficient to support his conviction. He also contends that the trial court erred by not instructing the jury on improper driving as a lesser-included offense of reckless driving. We hold that the evidence was sufficient to prove the elements of reckless driving and the trial court properly refused the appellant's proposed jury instruction on improper driving. Accordingly, we affirm the conviction...

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Holdings:

The Virginia Court made the following holding:

Under Va. Code Ann. § 16.1-69.40:1, it is not possible for a defendant to prepay the fine for a reckless driving charge as it is expressly forbidden by Va. Code Ann. § 16.1-69.40:1(d).

The term recklessly imparts a disregard by the driver for the consequences of his act and an indifference to the safety of life, limb, or property. The essence of the offence of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Factors tending to show recklessness include erratic driving, the likelihood of injury to other users of the highways, lack of control of the vehicle, driving in excess of the speed limit, dangerous driving behavior, intoxication, and noncompliance with traffic markers. However, "fast" driving alone, without the element of endangering life, limb, or property, is not sufficient to support a conviction for reckless driving.

Virginia Reckless Driving Ticket Fine

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