Reckless Driving Lawyer New Kent 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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Ashley v. Commonwealth
Facts:
Appellant sought review of his conviction by the Circuit Court of New Kent (Virginia) for misdemeanor reckless driving in violation of Va. Code Ann. § 46.2-862.
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Holdings:
The Virginia Court made the following holding:
· Court first held that even if appellant preserved his right to a jury trial by perfecting his appeal to the circuit court, his failure to appear waived his right to a jury trial under Va. Code Ann. § 19.2-258. The court went on to hold that the trial court did not err in denying appellant's discovery requests because under governing Virginia law, discovery was not available to defendants charged with misdemeanors.
· Under familiar principles of appellate review, a court examines the evidence in the light most favorable to the prevailing party below, granting to it all reasonable inferences fairly deducible therefrom.
· Under Va. Code Ann. § 19.2-258, when a person charged with a misdemeanor has been admitted to bail or released upon his own recognizance for his appearance before a court of record having jurisdiction of the case, for a hearing thereon and fails to appear in accordance with the condition of his bail or recognizance, he shall be deemed to have waived trial by a jury and the case may be heard in his absence as upon a plea of not guilty.
· Under traditional rules applicable to conflicts of law, it is well settled that matters of procedure are governed by the law of the forum.
Reckless Driving Lawyer New Kent Virginia
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