Reckless Driving Lawyer Roanoke Virginia

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Law v. Commonwealth

Facts:

Defendant and several friends were riding in defendant's mother's car. There was a single car accident in which one of defendant's friend died. When police arrived they were unable to determine who had been driving the car. Defendant denied being the driver. Another of defendant's friends provided a written statement to police implicating defendant. Defendant was charged separately with reckless driving and with manslaughter. Defendant was acquitted of reckless driving Roanoke Virginia. In the trial on the charge of manslaughter, the trial court allowed the Commonwealth to question a police officer on the contents of defendant's friend's written statement over defendant's objection. On appeal, the court concluded that double jeopardy did not attach when defendant was acquitted of the reckless driving charge because reckless driving and manslaughter were two separate and distinct offenses. The court found that two separate and distinct offenses could have arisen out of the same occurrence. The court ruled, however, that the trial court erred in admitting the written statement by defendant's friend into evidence because the friend was available to testify and the statement was hearsay.

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Holdings:

The Virginia Court made the following holding:

· When a statement accusing one of the commission of an offense is made in his presence and hearing and is not denied, both the statement and the fact of his failure to deny are admissible in a criminal proceeding against him as evidence of his acquiescence in its truth. It is based on the theory that the natural reaction of one accused of crime is to deny the accusation if it is unjust or untrue. The accusation and his silence thereunder to be admissible must, however, have been under such circumstances as would naturally call for a reply or denial and such as would afford a favorable opportunity for denial. The character of the incriminating statement made to the accused would render it inadmissible as hearsay except for the fact that the statement is not offered in evidence as proof of a fact asserted but as a predicate to the showing of the reaction of the accused thereto. In all instances caution must be exercised in receiving evidence of a statement made to the accused and his failure to deny it. The test is whether men similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so.

Reckless Driving Lawyer Roanoke Virginia

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