Virginia Beach Reckless Driving Lawyer

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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Freeman v. Commonwealth

Facts:

Defendant a resident of Virginia Beach was convicted by the circuit court of reckless driving in violation of Va. Code Ann. §§ 46.2-852 and he appealed. The court reversed defendant's convictions, holding that the essence of the offense of reckless driving under Va. Code Ann. 46.2-852, lied not in the act of operating a vehicle, but in the manner and circumstances of its operation. The record did not disclose the time of the accident, the manner in which defendant drove the car, his blood alcohol level, the road condition, weather, traffic controls, or other circumstances probative of such a violation.

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, in part, that any person who drives a vehicle on any highway recklessly or at a speed in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. Va. Code Ann. § 46.2-852. The word "recklessly" as used in the statute 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 lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Thus, the mere happening of an accident does not give rise to an inference of reckless driving. To convict, the Commonwealth of Virginia must prove every essential element of the offense beyond a reasonable doubt, with evidence which excludes every reasonable hypothesis of innocence and consistent only with guilt.

·         Evidence of intoxication is a factor that might bear upon proof of dangerousness or reckless driving in a given case, but does not, of itself, prove reckless driving. One may be both drunk and reckless, or reckless though not drunk, or under the influence of intoxicants and yet drive carefully.

·         Reckless driving is not a status offense, and a defendant cannot be convicted upon speculation and conjecture as to what caused him to lose control of the car.

Virginia Beach Reckless Driving Lawyer

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