Reckless Driving Hampton Virginia Lawyer Habitual Offender
Dick v. Commonwealth
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.
- Whether the evidence was sufficient to support the defendant’s conviction?
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.
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Article written by A Sris
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