Virginia Reckless Driving Tickets

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Hooper v. Commonwealth

Facts:

A state trooper stopped defendant and charged him with reckless driving ticket, DUI, having improper registration, and driving revoked. In district court, defendant was convicted of improper registration, DUI, and driving revoked. The conviction for improper registration had become final, and the DUI and driving revoked convictions were appealed. Defendant argued that Va. Code Ann. § 19.2-294 barred further prosecution for the charges of DUI and driving revoked. Defendant argued that the issuing tickets for the same act of driving gave rise to the charges of improper registration, DUI, and driving revoked and that because he had been convicted of improper registration, Va. Code Ann. § 46.1-64, he could not now be convicted of DUI, Va. Code Ann. § 18.2-266, or driving revoked, Va. Code Ann. § 46.1-350. The court found that Va. Code Ann. § 19.2-294.1 was narrow in scope and the Virginia General Assembly did not intend for a single driving incident to give rise to only a single traffic conviction, regardless of how many statutes were violated, unless the statutes violated were those proscribing DUI and reckless driving.

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Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 19.2-294.1 is, by its terms, narrow in scope. The Virginia General Assembly did not intend for a single driving incident to give rise to only a single traffic conviction, regardless of how many statutes are violated, unless the statutes violated are those proscribing driving under the influence of alcohol and reckless driving.

Virginia Reckless Driving Tickets

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