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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Truman v. Commonwealth
Facts:
Defendant a resident of Virginia Beach was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone. Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge.
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Holdings:
The Virginia Court made the following holding:
· Va. Code Ann. § 19.2-294 states that if a defendant is charged with driving under the influence of intoxicants and with reckless driving and he is convicted of one of those charges, then the court shall dismiss the remaining charge. The purpose of § 19.2-294 is to prevent the conviction of two different class one misdemeanors arising out of the same driving acts, when one of the misdemeanors is driving under the influence of intoxicants and the other is reckless driving. Where the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed
· Under Va. Code Ann. § 16.1-69.40:1, it is not possible for a defendant to prepay the fine for a reckless driving charge as it is expressly forbidden by Va. Code Ann. § 16.1-69.40:1(d).
· If apparently conflicting statutes can be harmonized and effect given to both of them, they will be so construed.
Reckless Driving Virginia Beach
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