Henrico County Traffic Court

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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Jerome v. Commonwealth

Facts:

            Defendant sought review of a judgment from the Henrico county traffic court (Virginia), which convicted defendant, a habitual offender, of driving under the influence of alcohol and which sentenced defendant as a felon, pursuant to Va. Code Ann. § 46.2-357(B)(2). In claiming that the drunken driving had endangered nobody, defendant sought imposition of a misdemeanor sentence, pursuant to Va. Code Ann. 46.2-357(B)(1).

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Holdings:

The Virginia Court made the following holding:

·         Va. Code Ann. § 46.2-357 reads: B. Any person found to be an habitual offender under this article, who is thereafter convicted of driving a motor vehicle or self-propelled machinery or equipment in the Commonwealth while the order of the court prohibiting such driving is in effect, shall be punished as follows: 1. If such driving does not, of itself, endanger the life, limb, or property of another, such person shall be guilty of a misdemeanor punishable by confinement in jail for no more than ninety days and a fine of not more that $ 2,500, either or both. However, ten days of any such confinement shall not be suspended except in cases designated in subdivision 2 (ii) of this section.

Henrico County Traffic Court

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