Reckless Driving Bristol Virginia

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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Nelson v. Commonwealth

Facts:

            A police officer saw defendant driving a jeep that was weaving and five times crossed the double yellow line into the on-coming lane. The officer stopped the vehicle and noticed signs of defendant's intoxication. Defendant pled guilty to driving under the influence (DWI). At the trial on the habitual offender charge, the Commonwealth introduced into evidence defendant's guilty plea and conviction on the DWI charge, and a prior adjudication as an habitual offender. The trial court denied defendant's motion to strike. Defendant was convicted for reckless driving Bristol Virginia. On appeal, the court found that defendant's driving behavior clearly rose to the level of reckless and could have endangered the life, limb, or property of another. The trial judge correctly found that defendant's intoxication alone was not enough to show that his driving of itself endangered the life, limb, or property of another, and his intoxication when combined with the evidence of weaving was sufficient to prove a violation of Va. Code Ann. § 46.2-357(B)(2). The court also found that for § 46.2-357(B)(2) to apply, the driving behavior did not have to actually harm another person or require another person to take evasive action.

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Holdings:

The Virginia Court made the following holding:

·         The distinction between negligent driving and reckless driving is the critical element in determining punishment under Va. Code Ann. § 46.2-357. In defining the conduct that gives rise to felony punishment under 46.2-357(B)(2), the legislature uses the phrase, driving that endangers the life, limb, or property of another, language virtually identical to that found in the statute defining reckless driving. Drunk driving does not per se deserve felony treatment under § 46.2-357. While evidence of intoxication is a factor that might bear upon proof of dangerous or reckless driving in a given case, it does not, of itself, prove reckless driving. 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. 

Reckless Driving Bristol Virginia

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