Reckless Driving Fairfax 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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King v. Commonwealth

Facts:

Defendant was speeding, and he did not pull over when he was pursued by a police officer. Defendant was in an accident, and the officer asked him what caused it. Defendant admitted that he was speeding. Defendant was convicted of eluding the police and reckless driving Fairfax Virginia. On appeal, defendant claimed that his statement was in violation of his Miranda rights and the trial court erred in overruling his motion to suppress. The court affirmed the conviction and held that defendant was not in custody at the time that he made his statement. The officer detained defendant as a necessary protective measure. Defendant was questioned as the driver of a vehicle involved in a traffic accident, not as a criminal suspect. Defendant was barred from arguing that the trial court erred in failing to instruct the jury on reckless or improper driving because he did not ask for the instruction.

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Holdings:

The Virginia Court made the following holding:

· Factors a trial court may consider in determining whether a person is subject to "custodial interrogation" are whether a police officer informs the individual that he or she is not under arrest, and whether the individual knows or has been apprised of the nature of the investigation. The trial court may also consider the point at which the suspect becomes the focus of the investigation. In evaluating the various factors, the situation must be viewed from the vantage point of how a reasonable person in the suspect's position would have understood his situation. On review, the court considers the evidence in the light most favorable to the commonwealth and will affirm the trial court's findings unless unsupported by the record.

Reckless Driving Fairfax Virginia

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