Reckless Driving Lawyer Brunswick Virginia

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Vincent v. Commonwealth

Facts:

Defendant, after falling to engage his turn signal for a lane change, evaded the police. The chase led from a point more than one mile inside the city to a location more than one mile into an adjoining county. The city convicted him of reckless driving Brunswick Virginia. The county convicted him of driving while intoxicated, but dismissed the reckless driving charge. Defendant sought review, contending that the earlier city conviction barred prosecution of the driving while intoxicated charge because it grew out of the same act, that is, the high-speed chase. The court reversed, holding that the same act meant the same act of driving and contemplated a continuous, uninterrupted course of operation of a motor vehicle, without regard to the crossing of the boundary line between two localities. From the moment the police first observed defendant until finally apprehended, defendant engaged in a continuous, uninterrupted course of driving. The charges against him, therefore, grew out of the same act or acts within the meaning of Va. Code Ann. § 19.2-294.1. Hence, the earlier city conviction of reckless driving required the dismissal of the latter driving while intoxicated charge.

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Holdings:

The Virginia Court made the following holding:

· Va. Code Ann. § 19.2-294.1 provides: Whenever any person is charged with a violation of § 18.2-266, the statute prohibiting driving while intoxicated, or any similar ordinances of any county, city, or town and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge. Because Va. Code Ann. § 19.2-294.1 relates to matters of a penal nature and is remedial in character, it must be construed strictly against the commonwealth and favorably to the accused. The same act or acts means the same act or acts of driving and to contemplate a continuous, uninterrupted course of operation of a motor vehicle, without regard to the crossing of the boundary line between two localities.

Reckless Driving Lawyer Brunswick Virginia

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