Excess Speed Prince William Virginia Lawyer Reckless Driving
Excess Speed Prince William Virginia Lawyer Reckless Driving
Philips v. Commonwealth
Facts:
Defendant was driving on a highway in the Commonwealth in excess of eighty miles per hour. As a result, he was issued a summons for reckless driving by speed. The trial court conducted a trial on the charge. At the close of the evidence, the Commonwealth proffered a jury instruction instructing the jury that in order to find him guilty of reckless driving by speed, the jury had to find beyond a reasonable doubt that James was traveling on a public highway and that he was traveling in excess of eighty miles per hour. Jury in the Circuit Court of Prince William County convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed.
Excess Speed Prince William Virginia Lawyer
Issue:
- Whether the trial court erred in denying his proposed jury instruction that improper driving, an offense set forth in Code § 46.2-869, is a lesser-included offense of reckless driving by speed?
Discussion:
The Court held that the improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862. The plain and unambiguous reading of § 46.2-869 made clear that authority rested with the trial judge and not the jury to make the lesser degree of culpability determination. In the alternative, an attorney for the Commonwealth may have reduced a reckless driving charge to improper driving at any time before the court’s decision. Thus, only the trial judge, or the prosecutor before the verdict was rendered, had the prerogative to reduce a reckless driving charge to improper driving under § 46.2-869. For these reasons, this court affirmed the judgment of the trial court.
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.
Suspended License Virginia Notice Evidence Lawyers Lynchburg City
Suspended License Virginia Notice Evidence Lawyers Lynchburg City
Simpson v. Commonwealth
Facts:
Defendant appealed the judgment of the Circuit Court of the City of Lynchburg after it convicted him of driving on a suspended license. The issue on appeal was whether the evidence was sufficient to establish that defendant had notice that his driver’s license was suspended.
Suspended License Virginia Notice Evidence Lawyers
Issue:
- Whether the evidence was sufficient to establish that Defendant had notice that his driver’s license was suspended?
Discussion:
Defendant was convicted of driving on a suspended license. Defendant appealed and argued that he had not received adequate notice of the suspension. The court affirmed the judgment of the lower court and held that the evidence was sufficient to show defendant had notice that his driver’s license was suspended. The court held that it would not reverse the judgment of the lower court unless the lower court decision was plainly wrong or without evidence to support it. The prosecutor’s statement that the commonwealth failed to prove defendant had received notice of the license suspension was not a stipulation, but a concession. It was not a factual agreement, but was a legal argument. The court affirmed defendant’s conviction for driving on a suspended license. The court found that the lower court did not err in finding that the evidence established that defendant was on notice that his driver’s license was suspended. The prosecutor’s statement that the commonwealth failed to prove defendant had notice of the license suspension was a concession, not a stipulation
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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