Virginia Reckless Driving Misdemeanor

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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Tim v. Commonwealth

Facts:

            Appellant fell asleep, while driving his automobile, and struck and killed a jogger. The trial court convicted him of misdemeanor reckless driving. Appellant alleged that the evidence was insufficient to prove he acted in a criminally negligent manner. On the first hearing of the appeal, he was successful, and the court reversed his conviction. On an en banc rehearing, the court reversed itself and affirmed appellant's conviction.

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:

·         The law recognizes three degrees of negligence, (1) ordinary or simple, (2) gross, and (3) willful, wanton and reckless. Ordinary negligence is failure to use that degree of care that an ordinarily prudent person would exercise under the same or similar circumstances to avoid injury to another. Gross negligence is a manifestly smaller amount of watchfulness and circumspection than the circumstances require of a person of ordinary prudence. It falls short of being such reckless disregard of probable consequence as is equivalent to a willful and intentional wrong. Finally, criminal or willful and wanton negligence involves a greater degree of negligence than gross negligence, particularly in the sense that in the former an actual or constructive consciousness of the danger involved is an essential ingredient of the act or omission.

Virginia Reckless Driving Misdemeanor

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