Virginia Reckless Driving Out Of State License

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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Holder v. Commonwealth

Facts:

Defendant, resident of Maryland, driving with out of state license, was speeding, and he did not pull over when he was pursued by a police officer. Defendant was in an accident, and the officer asked him what caused it. Defendant admitted that he was speeding. Defendant was convicted of eluding the police. On appeal, defendant claimed that his statement was in violation of his Miranda rights and the trial court erred in overruling his motion to suppress. The court affirmed the conviction and held that defendant was not in custody at the time that he made his statement. The officer detained defendant as a necessary protective measure. Defendant was questioned as the driver of a vehicle involved in a traffic accident, not as a criminal suspect. Defendant was barred from arguing that the trial court erred in failing to instruct the jury on reckless or improper driving because he did not ask for the instruction.

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:

An accused is not entitled to an instruction on an offense which is not a lesser included offense of the one with which he or she is charged. While improper driving may be a lesser included offense of reckless driving, Va. Code Ann. § 46.2-869, it is not a lesser included offense of eluding a police officer.

Virginia Reckless Driving Out Of State License

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