Speeding Chesterfield Virginia Lawyer Calibration Evidence
Speeding Chesterfield Virginia Lawyer Calibration Evidence
Julian v. Commonwealth
Facts:
Defendant appealed a judgment of the Circuit Court of Chesterfield County (Virginia), which convicted him of speeding in violation of Va. Code Ann. § 46.1-193.
Speeding Chesterfield Virginia Lawyer Calibration Evidence
Issue:
- Whether the defendant was prejudiced as the summons incorrectly identified the subsection of the statute under which defendant was charged?
Discussion:
Defendant was convicted of speeding, despite evidence that his speedometer was incorrectly calibrated. On appeal, the court affirmed. The court held that although the summons incorrectly identified the subsection of the statute under which defendant was charged, defendant was not prejudiced because the summons gave him notice of the speeding offense. The court further held that Va. Code Ann. § 46.1-193.1 did not require the trial court to instruct the jury that if defendant’s speedometer was improperly calibrated, then the jury must find defendant not guilty, nor did it make knowledge or intent an element of the speeding charge. The trial court correctly instructed the jury that a police officer’s radar check established a prima facie case of speeding, and that the jury should consider whether defendant’s calibration evidence established his innocence. Finally, the court held that the trial court correctly advised the jury to disregard defendant’s reference to court costs in its closing arguments, because court costs were irrelevant to the offense. The court affirmed the trial court’s conviction of defendant for speeding.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket.
A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Reckless Driving Virginia Sufficient Evidence Lawyers York County
Reckless Driving Virginia Sufficient Evidence Lawyers York County
Charles v. Commonwealth
Facts:
Defendant was found guilty by the Circuit Court of York County (Virginia) of the charge of unlawfully operation a motor vehicle on a public highway in a reckless manner, in violation Va. Code Ann. § 1-189. He appeared before the court on a writ of error and supersedeas to the judgme
Reckless Driving Virginia Sufficient Evidence Lawyers
Issue:
- Whether the evidence was sufficient to support the conviction of reckless driving within the meaning of § 1-189?
Discussion:
On defendant’s challenge to his conviction for unlawfully operation a motor vehicle on a public highway in a reckless manner, the court held that the commonwealth’s evidence left much to speculation and conjecture as to what caused defendant to lose control of the car. The only evidence produced by the commonwealth showed the erratic course of the automobile over 900 feet, that the automobile struck trees with such force that the motor was wrenched from it, and that defendant was thrown clear of the automobile and injured. The court was unable to say that the evidence excluded every reasonable hypothesis of innocence and was consistent only with the guilt of defendant. Hence, the court held that the evidence was insufficient to support the conviction of reckless driving within the meaning of § 1-189. The court reversed the judgment of conviction and dismissed the case.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
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