Virginia Reckless Driving Speeding Ticket

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Green Anni v. Commonwealth

Facts:

Defendant contended that her speeding ticket violation constituted reckless driving under Va. Code Ann. § 46.2-862 and that her prosecution for driving while intoxicated was therefore barred by Va. Code Ann. § 19.2-294.1, which prohibited conviction of both reckless driving and driving while intoxicated where both charges arose out of the same act or acts. The Commonwealth contended that the offense to which defendant pleaded guilty was simply a speeding offense for which a bond could be posted and not the reckless driving offense contemplated by Virginia law. However, the court held that, because defendant was charged with speeding at a rate that constituted reckless driving, the prosecution of the case against her for driving while intoxicated was barred by § 19.2-294.1.

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Holdings:

The Virginia Court made the following holding:

The statute in question, Va. Code Ann. § 19.2-294.1, is clear and unambiguous, and the legislative intent is clear. Under Article 7 of Title 46.2, there are fourteen different offenses that the legislature has determined constitute "reckless driving." Nowhere in § 19.2-294.1 does the legislature delineate, define, or limit in any way the "reckless driving" that constitutes a bar to a conviction for driving while intoxicated. Hence, the legislature intended to include any offense constituting reckless driving under the Code.

Virginia Reckless Driving Speeding Ticket

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