Virginia Uniform Summons Reckless Driving

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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Derby v. Commonwealth

Facts:

Defendant appealed the judgment of the Circuit Court of Fairfax (Virginia), which convicted him of reckless driving in violation of Va. Code Ann. § 46.2-852. The trial court held that Va. Code Ann. § 46.2-920 did not protect defendant, a police officer, from criminal prosecution for conduct constituting reckless disregard for the safety of persons and property. The trial court refused to apply a "reasonable officer" standard.  In this case uniform summons had been issued to the defendant.

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:

·         Va. Code Ann. § 46.2-852 provides in part: Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. 

·         When considering the sufficiency of the evidence on appeal of a criminal conviction, the appellate court must view all the evidence in the light most favorable to the Commonwealth and accord to the evidence all reasonable inferences fairly deducible therefrom. The appellate court will not disturb the trial court's judgment unless it is plainly wrong or without evidence to support it. Further, the weight that should be given to evidence and whether the testimony of a witness is credible are questions which the fact finder must decide. 'Reckless driving is a criminal offense and to sustain a conviction, the Commonwealth's evidence must establish guilt beyond a reasonable doubt.

·         A police officer is under a duty to operate his or her vehicle in a manner that is reasonable under the existing circumstances and conditions. Although police vehicles generally are subject to all traffic regulations, the legislature may provide exceptions in certain circumstances.

Virginia Uniform Summons Reckless Driving

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