Tuesday, April 1, 2014

Virginia Traffic Lawyers Reckless Driving Lynchburg Influence

10:19 AM | Posted by Unknown | Edit Post
Lawyer - Virginia Reckless Driving

As per Va. Code § 46.2-852, the general rule for reckless driving is defined as, irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

Below is a sample case of reckless driving in Virginia as interpreted by a lawyer in our firm.

Have you been charged with Reckless Driving in Virginia and you are wondering what the penalty is in VA? 

Are you concerned about the consequences of being charged with Reckless Driving in Virginia?

For a lot of our clients, a charge of Reckless Driving can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of Reckless Driving in Virginia.

If you have been charged with a criminal offense of Reckless Driving in Virginia and you are wondering what the penalty is in VA, contact our law firm for help. 

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. The lawyers in our law firm have the necessary experience to assist you with this matter.

Jeremy v. Commonwealth

Facts:

In a reckless driving case in Lynchburg, the Defendant alleged that the evidence was insufficient to conclude that his conduct was so gross, wanton, and culpable as to show a reckless disregard for human life. The appeals court disagreed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • The conduct required to be proved to support a conviction for the statutory offense of aggravated involuntary manslaughter under Va. Code Ann. § 18.2-36.1(B), specifically, conduct so gross, wanton and culpable as to show a reckless disregard for human life, is criminal negligence. Such is the same conduct required to be proven in the context of common law involuntary manslaughter. The difference between the common law and statutory offenses is that a conviction for aggravated involuntary manslaughter under § 18.2-36.1(B), which requires proof of both driving under the influence and a causal connection between the driver's intoxication and the death of another person, provides for a greater penalty than may be imposed for a drinking-and-driving death prosecuted as common law involuntary manslaughter.
  • A finding of criminal negligence requires acts of commission or omission of a wanton or willful nature, showing a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury and the offender knows, or is charged with the knowledge of, the probable results of his acts. The mere happening of an accident, coupled with evidence that the offender had been drinking and that the accident was his fault, does not prove criminal negligence as a matter of law. Nevertheless, intoxication is relevant to a determination of the degree of the defendant's negligence: whether ordinary, gross, or wanton. In this regard, drunken driving tends to make the defendant's dangerous conduct more dangerous. A sober but reckless driver may rely on his skill and prompt reflexes to extricate himself from any emergency created by his reckless driving. A drunken driver has dulled his perceptions, blunted his skill, and slowed his reflexes in advance. The same reckless driving is more dangerous at his hands than it would be if he were sober, and his conduct is therefore more culpable. Intoxication, therefore, is relevant as an aggravating factor, increasing with its degree, bearing upon the relative culpability of the defendant's conduct.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. The lawyers in our law firm have the necessary experience to assist you with this matter.

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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