Virginia Beach Reckless Driving Ticket

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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Stone v. Commonwealth

Facts:

A police officer saw defendant driving a jeep that was weaving and five times crossed the double yellow line into the on-coming lane. The officer stopped the vehicle and noticed signs of defendant's intoxication. Defendant sought review of a judgment of the Circuit Court of Virginia Beach, which charged with him a reckless driving ticket.

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Holdings:

The Virginia Court made the following holding:

·         When the sufficiency of the evidence is challenged on appeal, the court views the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom.

·         The distinction between negligent driving and reckless driving is the critical element in determining punishment under Va. Code Ann. § 46.2-357. In defining the conduct that gives rise to felony punishment under 46.2-357(B)(2), the legislature uses the phrase, driving that endangers the life, limb, or property of another, language virtually identical to that found in the statute defining reckless driving. Drunk driving does not per se deserve felony treatment under § 46.2-357. While evidence of intoxication is a factor that might bear upon proof of dangerous or reckless driving in a given case, it does not, of itself, prove reckless driving. The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

·         Because an appellant was weaving within in his own lane and into the other lane, the circumstances support a finding that his driving of itself endangered the life, limb, or property of another.

Virginia Beach Reckless Driving Ticket

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