Virginia Reckless Driving Fine Out Of State
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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Ronald v. Commonwealth
Facts:
Defendant sought review of the judgment of the Circuit Court for Fairfax County (Virginia), which convicted him of reckless driving after his vehicle ran off the road. Defendant had previously been convicted of reckless driving by the general district court. He also was facing out of state conviction.
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Holdings:
The Virginia Court made the following holding:
Va. Code Ann. § 46.2-862 provides that a person shall be guilty of reckless driving who drives a motor vehicle at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit of forty miles per hour or more.
Under the plain and unambiguous terms of Va. Code Ann. § 19.2-294.1, one may not be charged and convicted of both DUI and reckless driving. A conviction of either DUI or reckless driving, whether in simultaneous or successive prosecutions, requires dismissal of the other charge if the other charge arose from the same act or acts. Virginia's double jeopardy statute, Va. Code Ann. § 19.2-294, prohibits multiple convictions for separate offenses arising out of same act, except where convictions obtained in single prosecution. Reckless driving and speeding are separate and distinct offenses.
Virginia Reckless Driving Fine Out Of State
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