Virginia Reckless Driving By Speed Out Of State

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McMillan v. Commonwealth

Facts:

Defendant, resident of California, having out of state license, was convicted in a bench trial of reckless driving, in violation of Va. Code Ann. § 46.2-852. The Circuit Court of Fairfax County (Virginia) entered judgment. Defendant appealed. A witness testified concerning his observations of defendant's driving, about 15 miles before the accident scene. He testified defendant was driving erratically and at a very excessive speed. He continued to observe defendant driving for a long distance ahead of him. The appellate court found no abuse of discretion in the admission of the testimony. The issue of remoteness went to the evidence's weight rather than its admissibility. Testimony that defendant was arrested for driving under a suspended license was found to have been invited by defense counsel's cross-examination of the arresting officer.

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Holdings:

The Virginia Court made the following holding:

Excessive speed remote from the place of accident is not, of itself, sufficient to warrant an inference of excessive speed at the time of the accident. But whether such evidence has probative value is usually within the sound discretion of the trial court, depending on distance from the scene of accident and possibly other factors.

Virginia Reckless Driving By Speed Out Of State

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