Reckless Driving In 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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Schumpeter v. Commonwealth

Facts:

Defendant was convicted of eluding a police officer, driving while intoxicated and reckless driving in Virginia. Defendant argued that his conviction for eluding a police officer constituted a conviction for reckless driving, thereby requiring the trial court, in obedience to Va. Code Ann. § 19.2-294.1, to have dismissed a driving while intoxicated charge against him which arose out of the "same acts." On appeal, the court affirmed the convictions. The court held that, because the offense of eluding a police officer was not reckless driving on the date of the offense, Va. Code Ann. § 19.2-294.1 did not pose a statutory bar to defendant's conviction for driving while intoxicated in violation of Fairfax, Va., County Code § 82-4-17. The court held that the 1984 amendment to Va. Code Ann. § 46.1-192.1 changed the offense of eluding a police officer so that it no longer constituted the offense of reckless driving because it deleted the language designating violations of the statute as reckless driving.

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Holdings:

The Virginia Court made the following holding:

· Va. Code Ann. § 19.2-294.1 provides that whenever a person is charged with both reckless driving and driving while intoxicated "growing out of the same act or acts" and is convicted of one of the offenses, the trial court shall dismiss the remaining charge. The 1984 amendment to Va. Code Ann. § 46.1-192.1 makes violation of the statute an offense distinct from reckless driving. The court will give to an amended statute the plain and unambiguous meaning which appears on its face. The court will not read into the statute language which the legislature purposefully deleted.

Reckless Driving In Virginia

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