Reckless Driving Virginia Lawyer Recommendation

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Fernandez v. Commonwealth

Facts:

Appellant driver sought review of an order from the Fairfax court (Virginia), which convicted defendant of reckless driving and gave a recommendation to suspend his privileges to operate a motor vehicle.

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Holdings:

The Virginia Court made the following holding:

· When the transportation commissioner introduces in evidence a properly authenticated abstract of a conviction of defendant of reckless driving, it may be said that this constitutes prima facie evidence that he operated his motor vehicle recklessly on the occasion involved, and casts upon defendant the burden of proof that his conduct was not such as to show that he is an unsafe driver or that his continued operation of a motor vehicle constitutes a hazard to other highway users. If the explanation given in his testimony is reasonable and credible, especially when not contradicted by testimony of any other witness, it should not be disregarded but should be weighed along with the other evidence in the case. There are varying degrees of carelessness which may be the basis for a conviction of reckless driving, some evidencing much less regard for the safety of users of the highway than others. The circumstances attending each conviction are to be considered in reaching a conclusion. The test is whether the revocation or suspension of the operator's license is necessary for the safety of others on the highway. This must be determined on the basis of the past conduct of defendant.

· A fair trial, to be in conformity with the statutory provisions in 1944 Va. Acts ch. 384, §§ 15, 18, 19 require that appellant be given an opportunity to cross-examine the persons who made the ex parte statements in an accident report.

Reckless Driving Virginia Lawyer Recommendation

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