Reckless Driving Class 1 Misdemeanor Virginia

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Darwin v. Commonwealth

Facts:

In the context of the double jeopardy bar, considering Va. Code Ann. §§ 46.2-852 and 46.2-817(B) together, both contain different elements. The reckless driving statute, § 46.2-852, requires that the accused be driving on a highway, whereas the felony eluding statute, § 46.2-817(B), does not necessitate that the accused drive on a particular roadway to constitute a Class 1 Misdemeanor offense. Section 46.2-852 provides that a violation may occur if the accused endangers any property of a person. Section 46.2-817(B), however, provides that a violation occurs only where the accused endangers the operation of a law enforcement vehicle, but not the law enforcement vehicle itself. It further requires that the accused receive a visible or audible signal from a police officer to stop his vehicle. Moreover, 46.2-817(B), unlike § 46.2-852, proscribes the driving of the accused only after he has disregarded an officer's signal to stop. Thus, felony eluding and reckless driving constitute separate offenses in that different facts are required to prove each.

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Holdings:

The Virginia Court made the following holding:

·         Va. Code Ann. § 19.2-294 states that if a defendant is charged with driving under the influence of intoxicants and with reckless driving and he is convicted of one of those charges, then the court shall dismiss the remaining charge. The purpose of § 19.2-294 is to prevent the conviction of two different class one misdemeanors arising out of the same driving acts, when one of the misdemeanors is driving under the influence of intoxicants and the other is reckless driving. Where the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed. 

Reckless Driving Class 1 Misdemeanor Virginia

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