Reckless Driving Virginia Sufficient Evidence Lawyers York County
Charles v. Commonwealth
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
- Whether the evidence was sufficient to support the conviction of reckless driving within the meaning of § 1-189?
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.
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Article written by A Sris
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