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Reckless Driving State Law – Virginia Lawyers

There are many different penalties for violating the reckless driving state laws in Virginia.

If you are dealing with a violation of the reckless driving state laws in Virginia, contact our law firm immediately for help.

Reckless driving state laws In Virginia

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

Warner v. Commonwealth

Facts:

A jury in the Circuit Court of Arlington (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed. Defendant argued that the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Virginia state traffic laws, Va. Code Ann. § 46.2-869, was a lesser-included offense of reckless driving by speed. The appellate court disagreed. Improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862.

If you are facing a traffic case in Arlington, 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 plain and unambiguous reading of the improper driving statute, Va. Code Ann. § 46.2-862, makes clear that authority rests with the trial judge and not the jury to make the lesser degree of culpability determination. In the alternative, an attorney for the Commonwealth may reduce a reckless driving charge to improper driving at any time prior to the court’s decision. Thus, only the trial judge, or the prosecutor before the verdict is rendered, has the prerogative to reduce a reckless driving charge to improper driving under § 46.2-869.
  • A reviewing court’s responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.
Reckless driving state laws In Virginia

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

Article written by A Sris
Sris Law Group
1-703-278-0405

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