Reckless Driving 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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Holder v. Commonwealth

Facts:

The Circuit Court (Virginia), entered final judgments of conviction after it found defendant guilty of one count of aggravated involuntary manslaughter, one count of involuntary manslaughter, and one count of driving under the influence of alcohol and reckless driving Virginia. Defendant appealed.

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:

· Regarding the "ends of justice exception" to the rule concerning waiver of issues on appeal, the record must affirmatively show that a miscarriage of justice has occurred, not that a miscarriage might have occurred. Ordinarily, in the criminal context, application of the ends of justice exception is appropriate where the accused was convicted for conduct that was not a criminal offense or the record affirmatively proves that an element of the offense did not occur. However, some procedures are so crucial that a court's failure to adhere to them constitutes error that is clear, substantial, and material even in the absence of affirmative proof of error in the result. Under Va. Code Ann. § 18.2-269(3), a trial court can presume from the admission into evidence of several certificates of analysis indicating that a defendant was driving with a blood alcohol level of over .08 grams that an accused was under the influence of alcohol intoxicants at the time of an alleged offense.

Reckless Driving Virginia

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