Va. Reckless Driving Ticket Fine

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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Simon v. Commonwealth

Facts:

A police detective followed a car in which defendant was a passenger because it was being driven erratically. The driver of the car pulled into a church and school parking lot. When the detective confronted the driver in the parking lot, he smelled alcohol on his breath and charged him with a reckless driving ticket and imposed fine.

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Holdings:

The Virginia Court made the following holding:

· The legal standard of probable cause to arrest, as the term suggests, relates to probabilities that are based upon the factual and practical considerations in everyday life as perceived by reasonable and prudent persons. The presence or absence of probable cause is not to be examined from the perspective of a legal technician. Rather, probable cause exists when the facts and circumstances within the officer's knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe than an offense has been or is being committed.

· When considering a sufficiency of the evidence question not properly preserved at trial, the appellant must do more than show that the Commonwealth failed to prove an element or elements of the offense. Otherwise, an appellate court would be required under the ends of justice exception to address the merits of every case where a defendant has failed to move to strike the Commonwealth's evidence as being insufficient to prove an element of the offense. Such a rule would obviate the requirement for making an adequate motion to strike or a contemporaneous objection that the evidence was insufficient. The exception therefore will not be invoked unless the evidence affirmatively shows that an element of the offense did not occur.

Va. Reckless Driving Ticket Fine

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