Traffic Virginia Reckless Driving DUI Jurisdiction Lawyers Essex County

Traffic Virginia Reckless Driving DUI Jurisdiction Lawyers Essex County

JANE V. COMMONWEALTH
Facts:

Defendant appealed a judgment by the Circuit Court of Essex County (Virginia) that granted the Commonwealth’s motion to nolle prosequi a misdemeanor charge of reckless driving to which she had pleaded guilty.

Traffic Virginia Reckless Driving DUI Jurisdiction Lawyers Essex County

Traffic Virginia Reckless Driving DUI Jurisdiction Lawyers

Issue:
  • Whether the trial court erred in not accepting her guilty plea to the reckless driving charge?
Discussion:

Defendant was charged with, inter alia, felony driving under the influence (DUI) and misdemeanor reckless driving that arose from the same incident. Defendant pleaded “not guilty” to the DUI charge and “guilty” to the reckless driving charge. The Commonwealth asked the trial court not to accept the guilty plea to the reckless driving charge and to set both charges for trial. Thereafter, the Commonwealth successfully moved to nolle prosequi the reckless driving charge. The appellate court held that defendant had not been convicted of reckless driving. The trial court’s ruling in the interlocutory order was but an antecedent incident to the trial of the indictments, and was in no sense the pronouncement of a final judgment. Consequently, the appeal was premature and the appellate court lacked jurisdiction under Va. Code Ann. § 17.1-406(A)(i) to entertain it. The appeal was dismissed.

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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.