Virginia Uniform Summons

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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Polo v. Commonwealth

Facts:

Defendant was convicted in a bench trial of reckless driving, in violation of Va. Code Ann. § 46.2-852. The Circuit Court of Fairfax (Virginia) entered judgment. Defendant appealed, contending error in the trial court's admission of evidence of remote driving behavior, the admission of evidence of another offense for which defendant was not on trial, and in the trial court's finding that the evidence was sufficient. In this case uniform summons had been issued to the defendant.

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:

· Excessive speed remote from the place of accident is not, of itself, sufficient to warrant an inference of excessive speed at the time of the accident. But whether such evidence has probative value is usually within the sound discretion of the trial court, depending on distance from the scene of accident and possibly other factors.

· When the sufficiency of the evidence is challenged on appeal, appellate courts determine whether the evidence, viewed in the light most favorable to the prevailing party, the Commonwealth, and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense. In so doing, appellate courts must discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom. The judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly wrong or without evidence to support it.

· 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. Va. Code Ann. § 46.2-852. 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 mere happening of an accident does not give rise to an inference of reckless driving. However, physical factors associated with impact, including extent of damage to vehicles and property, may be considered as mute evidence of high speed.

Virginia Uniform Summons

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