Reckless Driving Virginia Habitual Offender Registration Loudoun County

Reckless Driving Virginia Habitual Offender Registration Loudoun County

UNITED STATES OF AMERICA V. BRANDLY
Facts:

Defendant appealed the judgment of the United States District Court for the Eastern District of Virginia, which convicted defendant of operation of a motor vehicle by a habitual offender, driving while intoxicated, reckless driving, and failure to display registration.

Reckless Driving Virginia Habitual Offender Registration Loudoun County

Reckless Driving Virginia Habitual Offender Registration

Issue:
  • Whether the defendant guilty of operation of a motor vehicle by a habitual offender, driving while intoxicated, reckless driving, and failure to display registration?
Discussion:

The district court finds that defendant guilty of operation of a motor vehicle by a habitual offender, driving while intoxicated, reckless driving, and failure to display registration. On appeal, defendant contended that the district court erred in admitting three documents at her trial. First, defendant alleged that a court order and a Department of Motor Vehicles transcript were not properly authenticated under Virginia law. The court applied federal law and held that the seals and attestations on these documents were sufficient. Defendant also asserted that a record of her previous conviction for driving while intoxicated should have been excluded. State judgments were presumptively valid and defendant offered no evidence to overcome that presumption. The evidence was sufficient to support defendant’s conviction for felonious operation of a motor vehicle by a habitual offender. Finally, defendant asserted that her conviction for reckless driving must have been vacated in light of Va. Code Ann. § 19.2-294.1 (Michie Supp. 1999), which prohibits simultaneous convictions for reckless driving and driving while intoxicated. The court agreed and vacated the conviction. Judgment affirmed except as to defendant’s conviction and sentence for reckless driving, which was vacated; the seals and attestations on certain documents were sufficient, defendant’s conviction for felonious operation of a motor vehicle by a habitual offender was supported by sufficient evidence, and defendant could not have been convicted of both reckless driving and driving while intoxicated.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.