Virginia Reckless Driving Fine Amount

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Princee v. Commonwealth

Facts:

Defendant was charged with reckless driving under Va. Code Ann. § 46.2-852. She filed a motion in limine seeking to exclude any testimony concerning a preliminary breath test (PBT), or in the alternative, for an instruction with regard to the blood alcohol presumptions found in Va. Code Ann. § 18.2-269. The motion was denied by the Circuit Court of Fairfax County, Virginia. Defendant was found guilty of reckless driving and received a fine amount of $100. Defendant appealed her reckless driving conviction.

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Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 18.2-269 specifies that its presumptions apply in any prosecution for a violation of Va. Code Ann. § 18.2-36.1 or Va. Code Ann. § 18.2-266(ii), 18.2-266(iii) or 18.2-266(iv) or any similar ordinance. Reckless driving is not among those enumerated statutes. Nevertheless, § 18.2-269(A)(1) represents a legislative determination that an individual with a 0.05 or lower blood alcohol level is presumed not to be under the influence of alcohol at the time of the offense. Once the Commonwealth introduces evidence of a defendant's blood alcohol level in a trial for reckless driving to establish that the defendant was driving recklessly, the defendant's intoxication, i.e. whether he was operating a vehicle under the influence of alcohol intoxicants, becomes an issue for the jury. In that situation, the determination by the people's elected representatives that a person with a blood alcohol level at or below 0.05 is presumed not to be under the influence of alcohol is a relevant consideration for the jury.

Virginia Reckless Driving Fine Amount

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