Virginia Reckless Driving Statute

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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Patterson v. Commonwealth

Facts:

Defendant dropped off a passenger in his taxicab alongside a curb. Defendant then pulled his taxicab away from the curb, crossing three lanes of traffic diagonally. A police officer had to apply his brakes violently to avoid a collision with the taxicab. Defendant was charged with unlawfully failing to yield the right of way. The traffic court convicted defendant in Virginia reckless driving Statute, but defendant appealed to the trial court. Before a judgment was entered, the state filed a plea of nolle prosequi.

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Holdings:

The Virginia Court made the following holding:

· The prohibition of the ancient principle of the common law and the constitutional provisions declaratory thereof, against a second jeopardy, apply only to a second prosecution for the identical act and crime both in law and fact for which the first prosecution was instituted. In determining whether both indictments charged the same offense, the test generally applied is that when the facts necessary to convict on the second prosecution would necessarily have convicted on the first, a final judgment on the first prosecution will be a bar to the second, but if the facts which will convict on the second prosecution would not necessarily have convicted on the first, then the first will not be a bar to the second, although the offenses charged may have been committed by the same state of facts. A single occurrence may constitute two or more distinct offenses and the accused may be prosecuted for each offense. It is the identity of the offense which is referred to in the constitutional guarantee against double jeopardy.

Virginia Reckless Driving Statute

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