Friday, April 11, 2014

Virginia Traffic Lawyers Reckless Driving Lynchburg

9:40 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.

Andrew v. Commonwealth

Facts:

Defendant sought review before the Lynchburg court after he was convicted on charges of reckless driving, driving on a suspended operator's license, and speeding to elude, and he claimed that his rights under the Double Jeopardy Clause of U.S. Const. amend. V and Va. Code Ann. § 19.2-294 were violated when he was again tried in another court on identical charges brought by a different police officer.

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 Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides that no person shall be subject for the same offence to be twice put in jeopardy of life or limb. This protection prevents both successive prosecutions and successive punishments for the same criminal offense. The United States Supreme Court has formulated the "same elements" test to determine whether two offenses were separate or identical for double jeopardy purposes. The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of a fact which the other does not. The proponent of the double jeopardy claim has the burden of proving that the offenses are identical.
  • One occasion of driving an automobile may give rise to multiple convictions. The test of whether there are separate acts sustaining several offenses is whether the same evidence is required to sustain them. While Va. Code Ann. § 19.2-294.1 prohibits convictions of both driving under the influence and reckless driving growing out of the same act or acts, § 19.2-294 applies only when "the same act" is a violation of two or more statutes. 
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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