Reckless Driving In Virginia Fine

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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Thompson v. Commonwealth

Facts:

Court imposed fine on defendant where evidence showed that defendant was driving 10 to 15 miles per hour over the posted speed limit on a rainy night with limited visibility, was driving aggressively, failed to control his truck. This supported defendant's conviction for reckless driving under Va. Code Ann. § 46.2-852.

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Holdings:

The Virginia Court made the following holding:

· In an appellate court's review of the sufficiency of the evidence it must uphold the conviction unless it was plainly wrong or lacked evidence to support it. Additionally, on appellate review, the appellate court examines the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible from that evidence. To do so, the appellate court discards the evidence of the accused in conflict with that of the Commonwealth, and regards as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom.

· The term recklessly imparts a disregard by the driver for the consequences of his act and an indifference to the safety of life, limb, or property. The essence of the offence of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Factors tending to show recklessness include erratic driving, the likelihood of injury to other users of the highways, lack of control of the vehicle, driving in excess of the speed limit, dangerous driving behavior, intoxication, and noncompliance with traffic markers. However, "fast" driving alone, without the element of endangering life, limb, or property, is not sufficient to support a conviction for reckless driving.

Reckless Driving In Virginia Fine

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