Reckless Driving Lawyer Wythe 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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Bird v. Commonwealth

Facts:

The sole issue presented by the appeal was whether the evidence was sufficient to prove beyond a reasonable doubt that defendant a resident of Wythe drove a vehicle recklessly on a highway in violation of Va. Code Ann. § 46.2-852. The court found that the evidence was insufficient and reversed the conviction. The court held that under the facts shown by the record, the Commonwealth failed to prove beyond a reasonable doubt that defendant, who had fallen asleep at the wheel after drinking alcoholic beverages, was guilty of reckless driving in violation of § 46.2-852.

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:

·         Va. Code Ann. § 46.2-852 provides that, irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

·         While evidence of intoxication is a factor that might bear upon proof of dangerous or reckless driving in a given case, it does not, of itself, prove reckless driving. One may be both drunk and reckless. He may be reckless though not drunk; he may even be a total abstainer, and he may be under the influence of intoxicants and yet drive carefully.

·         The word "recklessly" as used in Va. Code Ann. § 46.2-852 imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property.The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

Reckless Driving Lawyer Wythe Virginia

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