Reckless Driving Lawyer Richmond 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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Richardson v. Commonwealth

Facts:

Defendant a resident of Richmond sought review before the court after he was convicted on charges of reckless driving, driving on a suspended operator's license, and speeding to elude, and he claimed that his rights under the Double Jeopardy Clause of U.S. Const. amend. V and Va. Code Ann. § 19.2-294 were violated when he was again tried in another court on identical charges brought by a different police officer.

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Holdings:

The Virginia Court made the following holding:

· The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides that no person shall be subject for the same offence to be twice put in jeopardy of life or limb. This protection prevents both successive prosecutions and successive punishments for the same criminal offense. The United States Supreme Court has formulated the "same elements" test to determine whether two offenses were separate or identical for double jeopardy purposes. The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of a fact which the other does not. The proponent of the double jeopardy claim has the burden of proving that the offenses are identical.

· One occasion of driving an automobile may give rise to multiple convictions. The test of whether there are separate acts sustaining several offenses is whether the same evidence is required to sustain them. While Va. Code Ann. § 19.2-294.1 prohibits convictions of both driving under the influence and reckless driving growing out of the same act or acts, § 19.2-294 applies only when "the same act" is a violation of two or more statutes.

Reckless Driving Lawyer Richmond Virginia

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