Reckless Driving In Virginia First Offense

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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Walter v. Commonwealth

Facts:

            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, and injured and killed others provided a sufficient basis for the jury to concluded that defendant acted with disregard for life, limb, or property and to support defendant's conviction for reckless driving under Va. Code Ann. § 46.2-852. Defendant was not entitled to a jury instruction on reckless driving in Virginia first offense, as the culpability determination for improper driving was exclusively the prerogative of the trial court, which made no such finding.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

·         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 First Offense

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