Reckless Driving Virginia DUI Charge Lawyers Appomattox County
Rc. Hillary v. Commonwealth of Virginia
Defendant said his two offenses grew out of the same act or acts of driving, and one charge should have been dismissed under Va. Code Ann. § 19.2-294.1. Defendant was convicted in the Circuit Court of Appomattox County (Virginia) of driving under the influence and reckless driving. He appealed.
- Whether the trial court erred in determining, as a matter of law, that defendant could be convicted for both driving under the influence and reckless driving?
The appellate court held the offenses of which defendant was convicted were covered by § 19.2-294.1, under which, when he was convicted of one of the charges, the remaining charge had to be dismissed if the offenses grew out of the same act or acts. His “offending conduct” was intimately related in time and distance, arising from and connected by one continuous, uninterrupted operation of his car. He was initially pursued because he was observed to be speeding. Although police subsequently lost sight of his car for three to five minutes, there was no evidence that he discontinued operation of his car before he was stopped. No evidence gave rise to any reasonable inference that he did anything other than engage in a continuous operation of his vehicle. The trial court erred in determining, as a matter of law, that he could be convicted for both driving under the influence and reckless driving for his continuous, uninterrupted course of operation of a motor vehicle. Defendant’s convictions were reversed and the matter was remanded with directions to dismiss one of the charges.
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Article written by A Sris
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