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.

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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.