Class 1 Misdemeanor Virginia Reckless Driving

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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Kenny v. Commonwealth

Facts:

            Defendant had pulled into a rest stop to take a nap 15 minutes before his vehicle ran off the road. He informed police he did not remember why he ran off the road. The police testified there were no skid marks and no evidence of braking at the scene. At his trial for Class 1 Misdemeanor reckless driving, defendant stated that he previously had problems with control because of his tire combination and his vehicle was driven off the road by wind caused by a passing truck. The trial court convicted defendant of Class 1 Misdemeanor for reckless driving. On appeal, the court upheld the conviction. The court held that the fact of an accident alone was insufficient to sustain a conviction for reckless driving. However, there was evidence defendant was tired and there were no brake marks. Falling asleep at the wheel would support a reckless driving conviction. In addition, if there was a problem with defendant's tires and he was aware of it, defendant could be convicted of reckless driving under Va. Code Ann. § 46.1-190(a) for failing to keep proper control of his vehicle. Finally, because defendant changed his accident scene version, his testimony was suspect and the trial court need not have credited it.

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Holdings:

The Virginia Court made the following holding:

·         To fall asleep while operating an automobile manifests a disregard by the driver for the consequences of his act and an indifference to life, limb or property sufficient to find the operator guilty of the offense of reckless driving. The mere happening of an accident does not give rise to an inference of reckless driving.

Class 1 Misdemeanor Virginia Reckless Driving

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