Virginia Traffic Ticket Richmond Lawyers Punishment Reckless Driving
Virginia Traffic Ticket Richmond Lawyers Punishment Reckless Driving
Dustin v Commonwealth
Facts:
Defendant challenged the judgment of conviction and sentence for the crime of reckless driving in violation Virginia traffic laws. The circuit court of Richmond fixed defendant’s punishment at a penalty of $ 100 and the defendant initially paid the traffic ticket fine..
If you are facing a traffic case in Richmond, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Virginia Traffic Ticket Richmond Lawyers
Holdings:
The Virginia Court made the following holding:
- The law relative to reckless driving within the city limits, provides that any person who drives a vehicle upon a highway recklessly, or at a speed or in a manner so as to endanger life, limb or property of any person shall be guilty of reckless driving.
- The court considers the evidence and all reasonable inferences flowing from that evidence in the light most favorable to the Commonwealth of Virginia, the prevailing party at trial.
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 Perjury Insufficient Evidence Lawyers Fairfax County
Reckless Driving Virginia Perjury Insufficient Evidence Lawyers Fairfax County
Francis v. Commonwealth
Facts:
Defendant appealed from a judgment of the Circuit Court for the County of Fairfax (Virginia), which convicted him of perjury under Va. Code Ann. § 18-237 and imposed a fine.
Reckless Driving Virginia Perjury Insufficient Evidence Lawyers
Issue:
- Whether the evidence was sufficient to sustain the verdict against the defendant?
Discussion:
Defendant was indicted for perjury based on the testimony that defendant gave in his own behalf during his trial on a warrant charging him with reckless driving. Specially, defendant had testified at his reckless driving trial that his car became uncontrollable when the steering mechanism broke. The Commonwealth brought perjury charges against defendant for such testimony, arguing that in fact there was nothing wrong with the car. Defendant was convicted of perjury. On appeal, defendant contended that the evidence was insufficient to sustain the verdict.The court reversed the conviction, holding that the Commonwealth failed to prove beyond a reasonable doubt that defendant knowingly and wilfully made any false statements of fact. Defendant’s alleged statement as to the cause of the car becoming uncontrollable, leaving the highway, and turning over was a mere expression of opinion, which, even if erroneous, did not constitute perjury. The court reversed the trial court’s judgment, set aside the verdict of the jury, and dismissed the prosecution.
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.
Reckless Driving Virginia Suspended License Collateral Estoppel Lawyers Charlottesville City
Reckless Driving Virginia Suspended License Collateral Estoppel Lawyers Charlottesville City
Villiam v. Commonwealth
Facts:
Appellant had been previously charged with operating an automobile under a suspended license and a jury acquitted him of the offense. The Commonwealth later learned appellant had told his first attorney that he had been driving the automobile. The Commonwealth charged appellant with perjury in violation of Va. Code Ann. § 18.2-434. Appellant was convicted and challenged the finding, arguing the doctrine of collateral estoppel precluded his prosecution. The court reversed the conviction and dismissed the case. Appellant challenged his conviction from the Circuit Court of the city of Charlottesville (Virginia) for perjury in violation of Va. Code Ann. § 18.2-434.
Reckless Driving Virginia Suspended License Collateral Estoppel Lawyers
Issue:
- Whether appellant was in fact driving, an issue the jury had already decided?
Discussion:
The court held that the doctrine of collateral estoppels meant when an issue of ultimate fact had once been determined by a valid final judgment, that issue could not be relitigated between the same parties in a future lawsuit. The court found appellant had the burden of showing the verdict in the prior action necessarily decided the precise issue he sought to preclude. The court found for the Commonwealth to prove its case, it would have to had relitigated the issue of whether appellant was in fact driving, an issue the jury had already decided. Order reversed and case dismissed, because the doctrine of collateral estoppels precluded the appellant’s perjury prosecution because the Commonwealth would have had to prove the identical issue of whether appellant was driving under a suspended license and the jury had already acquitted him of the alleged offense.
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 Damages Collision Malice Lawyers Roanoke County
Reckless Driving Virginia Damages Collision Malice Lawyers Roanoke County
Abraham Milton v. Robertson George
Facts:
The injury victim’s vehicle collided head-on with that of the driver, who was driving the wrong way down the highway. The driver later pled guilty to the charge of driving under the influence. The trial court struck the injury victim’s evidence relating to punitive damages. The jury returned a verdict in favor of the injury victim for compensatory damages. The injury victim appealed from the adverse action on her claim for punitive damages. On appeal, the driver contended that punitive damages could be awarded in vehicular accident cases only for malicious conduct and that there was no showing of malice. Appellant injury victim filed a complaint against appellee driver in the Circuit Court of Roanoke County (Virginia) for compensatory and punitive damages stemming from an automobile accident.
Reckless Driving Virginia Damages Collision Malice Lawyers
Issue:
- Whether the defendant charged with driving under the influence and reckless driving?
Discussion:
The court held that a conscious disregard of the rights of others could be proven by means other than a defendant’s subjective statements. The objective fact that the driver voluntarily consumed enough intoxicants to produce a reading of 0.22 percent blood alcohol content, causing him to drive as he did, provided sufficient proof of his conscious disregard of the rights of others. It was clear that negligence that was so willful or wanton as to have evinced a conscious disregard of the rights of others, as well as malicious conduct, supported an award of punitive damages in a personal injury case. The driver’s negligence rose to the necessary level of wantonness. Upon the egregious set of facts presented, the injury victim was entitled to have a jury consider her claim for punitive damages. The court reversed the judgment of the trial court insofar as it disallowed the recovery of punitive damages, and remanded the case for a new trial limited to consideration of such damages.
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 DUI Charge Lawyers Appomattox County
Reckless Driving Virginia DUI Charge Lawyers Appomattox County
Rc. Hillary v. Commonwealth of Virginia
Facts:
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.
Reckless Driving Virginia DUI Charge Lawyers
Issue:
- 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?
Discussion:
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.
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 Double Jeopardy Lawyers Norton City
Reckless Driving Virginia Double Jeopardy Lawyers Norton City
Commonwealth v. Charles
Facts:
Defendant appealed his conviction from the Court of City of Norton (Virginia) for unlawfully operating a motor vehicle in a reckless manner after he pulled his taxicab away from a curb, crossing three lanes of traffic.
Reckless Driving Virginia Double Jeopardy Lawyers
Issue:
- Whether the Defendant was put in double jeopardy for the same offense?
Discussion:
Defendant dropped off a passenger in his taxicab alongside a curb. Defendant then pulled his taxicab away from the curb, crossing three lanes of traffic diagonally. A police officer had to apply his brakes violently to avoid a collision with the taxicab. Defendant was charged with unlawfully failing to yield the right of way. The traffic court convicted defendant, but defendant appealed to the trial court. Before a judgment was entered, the state filed a plea of nolle prosequi. Then, defendant was charged with unlawfully operating a motor vehicle in a reckless manner. Defendant filed a plea in bar, alleging a double jeopardy violation based on Va. Const. § 8. The trial court reserved its ruling. A jury found defendant guilty. Defendant filed a motion to set aside the verdict. The trial court denied the motion. The court affirmed on appeal, holding that defendant was not put twice in jeopardy for the same offense when he was prosecuted for the separate and distinct offense of reckless driving. The court reasoned that a single occurrence constituted two distinct offenses for which defendant was prosecuted. Also, the trial court did not err in refusing to set aside the jury’s verdict. The court affirmed defendant’s conviction for unlawfully operating a motor vehicle in a reckless manner.
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 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
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.
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 Driver License Suspended Attorneys Louisa County
Reckless Driving Virginia Driver License Suspended Attorneys Louisa County
ANTONY MILL V. COMMONWEALTH
Facts:
Defendant was given a traffic citation for reckless driving, and had a valid driver’s license in his possession. The state trooper later determined that defendant’s license had been suspended at the time of the citation. The trooper obtained a warrant charging defendant with driving with a suspended license. At trial, defendant testified that he had not received notice that his license had been suspended, and the charge was dismissed. Defendant was later indicted for perjury, and the evidence adduced at trial showed that a Department of Motor Vehicles (DMV) employee had personally advised defendant that his license had been suspended and the evidence further showed that a copy of the suspension order had been mailed to and received by defendant. Defendant was convicted and sought review. The court affirmed. Defendant argued that his statement was not false because the notice letter was so vague that it did not advise him that his license was suspended. Defendant sought review of the judgment of the Circuit Court of Louisa County (Virginia), which convicted defendant of perjury in contravention of Va. Code § 18.2-434 in connection with his testimony at trial on a charge of driving a motor vehicle on a public highway after his privilege to drive had been suspended. Defendant testified at that trial that he had not received notice that his driving license had been suspended.
Reckless Driving Virginia Driver License Suspended Attorneys
Issue:
- Whether the language of the order, reasonably interpreted, accomplishes a suspension of defendant’s driver’s license?
- Whether the language of the document was confusing, contradictory and vague?
Discussion:
The court found that the letter was a DMV form letter in which inapplicable terms had not been crossed out, but held that when viewed in its entirety, the letter was sufficient to notify defendant that his license was suspended. The court affirmed defendant’s conviction for perjury over his objection that he did not falsely state that he did not know his driver’s license was suspended because the DMV notice letter was so vague that it did not advise him of the suspension.
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 Traffic Ticket Alcosensor Breath Test Lawyers Roanoke County
Reckless Driving Virginia Traffic Ticket Alcosensor Breath Test Lawyers Roanoke County
NICHOLS BATA V. COMMONWEALTH OF VIRGINIA
Facts:
Defendant sought review of the judgment of the Circuit Court of Roanoke County, which convicted him of Reckless Driving under the influence of alcohol. Defendant contended that the trial court erred by allowing the Commonwealth to introduce evidence of the results of a preliminary alcosensor breath test.
Reckless Driving Virginia Traffic Ticket Alcosensor Breath Test Lawyers
Issue:
- Whether the trial court erred by permitting the Commonwealth to introduce evidence of the results of a preliminary alcosensor breath test?
Discussion:
The court finds that at trial, the Commonwealth introduced into evidence a certificate of refusal signed by Nichols. Nichols testified that he refused the test because he had performed well on the field test. To rebut that testimony the Commonwealth was permitted to introduce over Nichols’ objection the results of the preliminary alcosensor field test which showed a blood alcohol concentration of 0.15% present. The Commonwealth specifically proffered the results, and the trial court limited their admission, to rebut Nichols’ testimony regarding the reason for refusing to submit to a blood or breath test. Although alcosensor results are otherwise inadmissible, Nichols opened the door for such admission by testifying that he had performed “fine” on the field test, thereby urging the court to find that he had acted reasonably. Since the evidence was admitted for the limited purpose to rebut Nichols’ claim that he had done “fine” on the test and thus that his refusal was reasonable, and not to prove that he drove under the influence, the trial court properly admitted the evidence and did not consider it for an improper purpose.
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.
8:00 AM – 12:00 AM Midnight
Former State Trooper
