Virginia Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle
Virginia Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle
Smith v. Commonwealth
Facts:
The Circuit Court of Fairfax (Virginia) convicted defendant of involuntary manslaughter, speeding and reckless driving. Defendant appealed his conviction for involuntary manslaughter.
If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Virginia Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle
Holdings:
The Virginia Court made the following holding:
- In reviewing the sufficiency of the evidence, the judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict. The trial court’s judgment will not be set aside unless plainly wrong or without evidence to support it. The credibility of a witness and the inferences to be drawn from proven facts are matters solely for the fact finder’s determination. The appellate court does not substitute its judgment for that of the trier of fact. The only relevant inquiry is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
- Involuntary manslaughter in the operation of a motor vehicle is an accidental killing which, although unintended, is the proximate result of negligence so gross, wanton, and culpable as to show a reckless disregard of human life. A violation of the statutes defining reckless driving and prescribing motor vehicle traffic regulations is insufficient to constitute manslaughter unless it is so flagrant, culpable, and wanton as to show utter disregard of the safety of others under circumstances likely to cause injury. What distinguishes a speeding violation from the misdemeanor of reckless driving, and the misdemeanor from the felony of involuntary manslaughter, is the likelihood of injury to other users of the highways. And the degree of the hazard posed by a speeding automobile depends upon the circumstances in each 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, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Fairfax Court House Detail:
Fairfax Circuit Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County General District Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County Juvenile and Domestic Relations District Court
4110 Chain Bridge Road,
Fairfax, VA 22030-4020.
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 Virginia Felonious Negligence Involuntary Manslaughter Lawyers Hopewell City
Speeding Virginia Felonious Negligence Involuntary Manslaughter Lawyers Hopewell City
Walter v. Commonwealth
Facts:
Defendant was charged with involuntary manslaughter in the operation of a motor vehicle after a fatality resulted from a two-car collision. Defendant challenged his conviction from the Circuit Court of the City of Hopewell (Virginia) for involuntary manslaughter in the operation of a motor vehicle.
Speeding Virginia Felonious Negligence Involuntary Manslaughter Lawyers
Issue:
- Whether the evidence was sufficient to support that the defendant was guilty of felonious negligence?
Discussions:
On appeal, the court affirmed. The court found held that the driver of the other vehicle did not violate the statutory requirement to yield the right-of-way when she turned left in front of defendant’s vehicle. The court reasoned that the approaching vehicles, of which defendant’s was one, were not so close to the driver of the other car as to constitute a hazard, and defendant’s car was in the left lane behind another car, and was temporarily concealed from the other driver’s view. The court also found that the evidence was sufficient to support the trial court’s finding that defendant was guilty of felonious negligence which was the proximate cause of the fatality. The court reasoned that defendant’s conduct in a residential subdivision constituted reckless driving so flagrant, culpable, and wanton as to show utter disregard of the safety of others under circumstances likely to cause injury.
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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