Reckless Driving Dinwiddie Lawyer Breath Test Virginia Code 18.2-266 Violation
Reckless Driving Dinwiddie Lawyer Breath Test Virginia Code 18.2-266 Violation
Franklin v. Commonwealth
Facts:
After the Circuit Court of the Dinwiddie County Virginia, ruled that evidence that a breath test was offered to defendant would be permitted, but directed the granting of a limiting instruction as to the use of that evidence, a jury convicted defendant of driving under the influence of alcohol in violation of Va. Code Ann. § 18.2-266, and reckless driving in violation of Va. Code Ann. § 46.2-862. Defendant appealed.
Reckless Driving Dinwiddie Lawyer
Issue:
- Whether trial court erred in admitting testimony that he was offered a preliminary breath test and following his arrest, a breath test?
Discussions:
Defendant argued that the trial court erred in admitting testimony that he was offered a preliminary breath test, and, following his arrest, a breath test. The Commonwealth, citing Va. Code Ann. §§ 18.2-267(C), (E), 18.2-268.10, conceded that the trial court erred in admitting this testimony. However, the appellate court found that any error in admitting that evidence was harmless. Under Va. Code Ann. § 4.1-100, “intoxicated” meant a condition in which a person had drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior. There was overwhelming evidence that defendant drove while intoxicated. The evidence at trial proved that defendant drove his car at a reckless speed and that, when stopped, he had an odor of alcohol about his breath, red and glassy eyes, and slurred speech, and performed poorly on field sobriety tests. From the totality of the evidence heard by the jury, excluding the officer’s testimony that he offered breath tests to defendant, the trial court’s error in admitting evidence that defendant was offered breath tests was harmless error.
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.
Traffic Stop Prince William Virginia Lawyer Speed Drive
Traffic Stop Prince William Virginia Lawyer Speed Drive
James v. Commonwealth
Facts:
Defendant was indicted by a Prince William County grand jury for reckless driving and for the felony failure to stop and provide certain information in violation of Code § 46.2-894. At a bench trial, the circuit court convicted the defendant of reckless driving and fixed his punishment at six months in jail. The circuit court convicted and fixed his punishment at two years imprisonment, which was suspended, and a fine of $ 1,000. The Court of Appeals affirmed the judgment of the circuit court. Appellant appealed.
Traffic Stop Prince William Virginia Lawyer
Issue:
- Whether the driver of a vehicle was involved in an accident within the intendment of Code § 46.2-894, a penal statute?
Discussion:
The court rejecting the court of appeals’ broad definition of “involved,” this court held that to be “involved” in an accident within the meaning of § 46.2-894, there had to be physical contact between appellant’s vehicle and another vehicle, person, or object, or appellant must have been the proximate cause of the accident. Applying this definition to appellant’s circumstances, the Supreme Court held that he was not involved in the accident within the meaning of § 46.2-894. His vehicle did not have any physical contact with the other driver’s vehicle. He was not a cause of the accident; rather, he reduced his speed, and ultimately allowed the other driver to enter into his lane. A law enforcement officer, who testified as an accident reconstruction expert, stated that the other driver had ample opportunity to slow down after merging into appellant’s lane before she lost control of her car, left the road, and collided into two different trees. She apparently did not slow down, however, and the accident resulted in her death and that of her four-year-old child. Hence the court of appeals’ judgment was reversed, and appellant’s conviction for violating § 46.2-894 was dismissed.
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 Lee Virginia Lawyer Speeding Prosecution
Reckless Driving Lee Virginia Lawyer Speeding Prosecution
Jeffery v. Commonwealth
Facts:
Defendant was charged with driving while intoxicated and issued a summons for speeding.
Reckless Driving Lee Virginia Lawyer
Issue:
- Whether the defendant’s speeding violation constituted reckless driving under Va. Code Ann. § 46.2-862 and that her prosecution for driving while intoxicated was therefore barred
Discussion:
Defendant contended that her speeding violation constituted reckless driving under Va. Code Ann. § 46.2-862 and that her prosecution for driving while intoxicated was therefore barred by Va. Code Ann. § 19.2-294.1, which prohibited conviction of both reckless driving and driving while intoxicated where both charges arose out of the same act or acts. The Commonwealth contended that the offense to which defendant pleaded guilty was simply a speeding offense for which a bond could be posted and not the reckless driving offense contemplated by Virginia law. However, the court held that, because defendant was charged with speeding at a rate that constituted reckless driving, the prosecution of the case against her for driving while intoxicated was barred by § 19.2-294.1. The court granted defendant’s motion to dismiss, which it treated as a plea in bar.
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 Hampton Virginia Lawyer Habitual Offender
Reckless Driving Hampton Virginia Lawyer Habitual Offender
Dick v. Commonwealth
Facts:
Defendant appealed from an order of the Circuit Court of the City of Hampton (Virginia), which convicted him for reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively, contending that the evidence was insufficient to support the convictions.
Reckless Driving Hampton Virginia Lawyer
Issue:
- Whether the evidence was sufficient to support the defendant’s conviction?
Discussion:
Defendant was convicted by the circuit court of reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively, and he appealed. The court reversed defendant’s convictions, holding that the essence of the offense of reckless driving under Va. Code Ann. 46.2-852, lied not in the act of operating a vehicle, but in the manner and circumstances of its operation. The record did not disclose the time of the accident, the manner in which defendant drove the car, his blood alcohol level, the road condition, weather, traffic controls, or other circumstances probative of such a violation. Reckless driving was not a status offense, and defendant could not be convicted upon speculation as to what caused him to lose control of the car, therefore, the court held that the evidence was insufficient to support his conviction. The court also found the evidence to be insufficient to support a finding of felonious habitual offender endangerment and reversed that conviction, but remanded the case for further proceedings regarding the misdemeanor offense under Va. Code Ann. § 46.2-357(B)(1). The court reversed defendant’s convictions for reckless driving and feloniously driving after having been adjudicated an habitual offender, and remanded the case for further proceedings as to the misdemeanor habitual offender 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 Loudoun Virginia Lawyer Speeding Separate
Reckless Driving Loudoun Virginia Lawyer Speeding Separate
Chang v. Commonwealth
Facts:
Defendant was convicted in the Circuit Court of Loudoun County (Virginia) of DUI in violation of Va. Code Ann. § 18.2-266. He had previously pled guilty to speeding in violation of Va. Code Ann. § 46.2-870. Both charges arose from the same course of driving. He asserted that the DUI conviction was barred by Va. Code Ann. § 19.2-294.1 because the speeding conviction constituted a conviction for reckless driving.
Reckless Driving Loudoun Virginia Lawyer
Issue:
- Whether reckless driving and speeding were separate and distinct offenses?
Discussion:
Defendant contended that the lower court was required to dismiss the DUI charge because he had already pled guilty and been convicted of an offense that was by statute deemed reckless driving. The court disagreed and held that reckless driving and speeding were separate and distinct offenses. If the legislature had intended to foreclose a person from being convicted for both DUI and another offense that might also constitute reckless driving, as argued by defendant, it would have expressed that intent in the language of Va. Code Ann. § 19.2-294.1. Under the express provisions of § 19.2-294.1 only a conviction for reckless driving barred a prosecution for DUI. A conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, did not implicate the bar of the statute. Defendant was charged and convicted for speeding under a town ordinance incorporating Va. Code Ann. § 46.2-870. He was not convicted of reckless driving. Although the Commonwealth could have prosecuted defendant for reckless driving for that offense, it chose instead to prosecute him for the offense of speeding. The judgment convicting defendant of DUI was affirmed.
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.
Traffic Stop Manassas Virginia Lawyer Drunken Drive
Traffic Stop Manassas Virginia Lawyer Drunken Drive
Michael v. Commonwealth
Facts:
While defendant sat in the driver’s seat of a vehicle stopped at a tollbooth, a police officer approached the vehicle, smelled alcohol, and arrested defendant. After defendant, a habitual offender, was convicted of driving under the influence of alcohol, the trial court imposed a felony sentence under Va. Code Ann. § 46.2-357(B)(2) because defendant’s drunken driving had allegedly endangered the vehicle’s passengers. Accordingly, defendant sought review, claiming nobody had been endangered and as such, the trial court should have imposed a misdemeanor sentence, pursuant to Va. Code Ann. § 46.2-357(B)(1). Defendant sought review of a judgment from the Circuit Court of Northampton County (Virginia), which convicted defendant, a habitual offender, of driving under the influence of alcohol and which sentenced defendant as a felon, pursuant to Va. Code Ann. § 46.2-357(B)(2). In claiming that the drunken driving had endangered nobody, defendant sought imposition of a misdemeanor sentence, pursuant to Va. Code Ann. 46.2-357(B)(1).
Traffic Stop Manassas Virginia Lawyer
Issue:
- Whether the evidences are to prove that the defendant’s drunken driving had endangered others?
Discussion:
The court held that even though defendant had been negligent in operating the vehicle, defendant’s intoxication had not been such that it had elevated defendant’s conduct to the level of reckless driving. Thus, the court held the evidence had failed to prove that defendant’s drunken driving had endangered others, as required by Va. Code Ann. § 46.2-357(B)(2). In reversing a judgment which sentenced defendant as a felon after convicting defendant, a habitual offender, of driving under the influence of alcohol, the court held that because defendant’s drunken driving had not been reckless, the evidence had not supported the trial court’s finding of endangerment and its imposition of a felony sentence
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.
Traffic Stop Prince William County Virginia Lawyer Intent Distribute Possession
Traffic Stop Prince William County Virginia Lawyer Intent Distribute Possession
Ruther v. Commonwealth
Facts:
Police stopped and arrested defendant for reckless driving. After spotting cocaine in the car as they looked in the glove compartment for defendant’s operator’s license and vehicle registration, the police arrested defendant for possession. A further search of the car revealed more drugs. Defendant filed a motion to suppress the drugs. The trial court denied the motion, and defendant was convicted for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding. Defendant appealed his conviction by the Circuit Court of the Prince William County (Virginia), for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding.
Traffic Stop Prince William County Virginia Lawyer
Issue:
- Whether the trial court properly denied the defendant’s suppress motion?
Discussion:
The court affirmed in part and reversed and dismissed in part. The court affirmed the trial court’s denial of the motion to suppress, holding that because the police were authorized by Va. Code Ann. § 19.2-81 to arrest defendant for reckless driving, the drugs were legally found in a search incident to a lawful arrest. The court, however, reversed the trial court’s finding convicting defendant of driving with a suspended license, because the record did not show that defendant was aware that his license was suspended. The court reversed and dismissed the trial court’s conviction of defendant for driving with a suspended license, affirmed the trial court’s denial of defendant’s motion to suppress, and affirmed the trial court’s conviction of defendant for possession of cocaine with the intent to distribute, possession of marijuana, and 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 Fairfax Virginia Lawyer Traffic Stop Drunk Drive
Reckless Driving Fairfax Virginia Lawyer Traffic Stop Drunk Drive
Roothan v. Commonwealth
Facts:
While defendant sat in the driver’s seat of a vehicle stopped at a tollbooth, a police officer approached the vehicle, smelled alcohol, and arrested defendant. After defendant, a habitual offender, was convicted of driving under the influence of alcohol, the trial court imposed a felony sentence under Va. Code Ann. § 46.2-357(B)(2) because defendant’s drunken driving had allegedly endangered the vehicle’s passengers. Accordingly, defendant sought review, claiming nobody had been endangered and as such, the trial court should have imposed a misdemeanor sentence, pursuant to Va. Code Ann. § 46.2-357(B)(1). Defendant sought review of a judgment from the Circuit Court of Fairfax County (Virginia)
Reckless Driving Fairfax Virginia Lawyer
Issue:
- Whether the trial court properly convicted the defendant for drunken driving?
Discussion:
The court held that even though defendant had been negligent in operating the vehicle, defendant’s intoxication had not been such that it had elevated defendant’s conduct to the level of reckless driving. Thus, the court held the evidence had failed to prove that defendant’s drunken driving had endangered others, as required by Va. Code Ann. § 46.2-357(B)(2). In reversing a judgment which sentenced defendant as a felon after convicting defendant, a habitual offender, of driving under the influence of alcohol, the court held that because defendant’s drunken driving had not been reckless, the evidence had not supported the trial court’s finding of endangerment and its imposition of a felony sentence
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.
Speeding Arlington Virginia Lawyer DUI Prosecution Conviction
Speeding Arlington Virginia Lawyer DUI Prosecution Conviction
Jackson v. Commonwealth
Facts:
Jackson was convicted in the Circuit Court of Arlington County of DUI in violation of Va. Code Ann. § 18.2-266. He had previously pled guilty to speeding in violation of Va. Code Ann. § 46.2-870. Both charges arose from the same course of driving. He asserted that the DUI conviction was barred by Va. Code Ann. § 19.2-294.1 because the speeding conviction constituted a conviction for reckless driving.
Speeding Arlington Virginia Lawyer
Issue:
- Whether the DUI prosecution and conviction were barred by the speeding conviction because, under Code § 46.2-862, the speeding conviction constituted a conviction for reckless driving?
Discussion:
The Court held that reckless driving and speeding were separate and distinct offenses. If the legislature had intended to foreclose a person from being convicted for both DUI and another offense that might also constitute reckless driving, as argued by defendant, it would have expressed that intent in the language of Va. Code Ann. § 19.2-294.1. Under the express provisions of § 19.2-294.1, only a conviction for reckless driving barred a prosecution for DUI. A conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, did not implicate the bar of the statute. Defendant was charged and convicted for speeding under a town ordinance incorporating Va. Code Ann. § 46.2-870. He was not convicted of reckless driving. Although the Commonwealth could have prosecuted defendant for reckless driving for that offense, it chose instead to prosecute him for the offense of 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 Westmoreland Virginia Lawyer License
Reckless Driving Westmoreland Virginia Lawyer License
Lawrence v. Commonwealth
Facts:
Appellee driver’s operator’s and chauffeur’s license was suspended by appellant, the Commissioner of the Division of Motor Vehicles. The Circuit Court for Westmoreland County (Virginia) reversed and annulled the Commissioner’s order, and the Commissioner appealed.
Reckless Driving Westmoreland Virginia Lawyer
ISSUES:
Whether the circuit court properly reversed and annulled an order of the Commissioner of Motor Vehicles under authority of Va. Code § 46-420 (1950), which suspended for 30 days the driver’s operator’s and chauffeur’s licenses.
DISCUSSION:
Abstracts of all previous convictions introduced in evidence show that X was tried and convicted for the various offenses alleged to have been committed in the previous years. Several witnesses, neighbors and associates of X, including a deputy sheriff of Westmoreland county, all of whom had observed his operation of automobiles over a period of years, testified without objection that in their opinion X was now a careful and competent driver. The testimony of some of these witnesses indicated that they would not have considered him a careful driver several years ago, but they said he had improved and they did consider him a careful driver as of the date of their testimony. Evidence fails to sustain the charge that appellee was habitually a reckless or negligent driver of a motor vehicle. However, satisfactory proof of a single ‘serious violation’ may warrant a suspension or revocation. Thus the ultimate question presented is whether or not a fair appraisal of the record shows that X “committed a serious violation of the motor laws of this State” or “by reckless or unlawful operation of a motor vehicle. The offense of reckless driving (speeding 75 to 80 miles per hour) committed in 1952 to which X pleaded guilty is remote in point of time, but it was a “serious violation of the motor vehicle laws.” His offense of crossing the center line of the highway and striking another vehicle, inflicting several hundred dollars damage to the two cars, was committed on June 13, 1954, and is clearly of like character. Failure to observe the stop sign, standing alone, might not be sufficient to meet the requirements of item (5) of § 46-420 and constitute a “serious violation of the motor vehicle laws”, but here what was done meets the requirements of item (1) of § 46-420, for it constitutes the “unlawful operation of a motor vehicle” which “caused or contributed to an accident resulting in serious property damage.” Proof of the latter two violations justified suspension of X’s licenses. The judgment of the trial court is reversed, and the Commissioner’s order of August 3, 1955, which suspended X’s operator’s and Y’s licenses for thirty days is re-instated and restored to full force and effect.
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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