Penalty Driving Suspended License Alexandria Virginia

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Penalty For Driving On A Suspended License – Virginia Lawyers

If you are concerned about the Penalty For Driving On A Suspended License In Virginia, contact our law firm immediately for help.

Penalty For Driving On A Suspended License – Attorneys 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.

Jessica v. Commonwealth

Facts:

The petitioner filed for restoration of her operator’s license, alleging that her status as a habitual offender was based on her predicate convictions for driving on a suspended license resulting from failure to pay fines and costs as penalty for her driving offense. The prosecution asserted that petitioner was ineligible for reinstatement of her driving privileges under Va. Code § 46.2-361(B).

If you are facing a traffic case in Alexandria, 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:
  • When a person has been adjudged an habitual offender based solely upon convictions of driving on a suspended license for failure to pay fines and costs, or failure to provide proof of financial responsibility, that person may petition the court at any time for restoration of his or her license upon proof that all outstanding fines and costs have been paid or that proof of financial responsibility has been furnished. In other words, there is no mandatory waiting period.
  • A suspension of a driver’s license under Va. Code § 46.2-706 or Va. Code § 46.2-390.1 is not one of those suspensions which, when it is a basis of predicate convictions, enables a person to seek restoration upon payment of all fines and costs.

Penalty For Driving On A Suspended License – Attorneys 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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Alexandria Virginia 82-1-6 / 46.2-852 Penalty

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82-1-6 / 46.2-852 Penalty – Virginia Lawyers

If you are concerned about a 82-1-6 / 46.2-852 Penalty In Virginia, contact our law firm immediately for help.

82-1-6 / 46.2-852 Penalty – Attorneys 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.

Block v. Commonwealth

Facts:

Defendant appealed from an order of the Circuit Court of Alexandria (Virginia), which convicted him for reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively and also impose penalty for driving offense, contending that the evidence was insufficient to support the convictions.

If you are facing a traffic case in Alexandria, 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:
  • Va. Code Ann. § 46.2-852 provides, in part, that any person who drives a vehicle on any highway recklessly or at a speed in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. Va. Code Ann. § 46.2-852. The word “recklessly” as used in the statute imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property. The essence of the offense lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Thus, the mere happening of an accident does not give rise to an inference of reckless driving. To convict, the Commonwealth of Virginia must prove every essential element of the offense beyond a reasonable doubt, with evidence which excludes every reasonable hypothesis of innocence and consistent only with guilt.
  • Reckless driving is not a status offense, and a defendant cannot be convicted upon speculation and conjecture as to what caused him to lose control of the car.

82-1-6 / 46.2-852 Penalty – Attorneys In Virginia

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Sris Law Group
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Virginia 46.2-862 Alexandria Reckless Driving

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46.2-862 Reckless Driving – Virginia Lawyers

There are many different penalties for a 46.2-862 Reckless Driving charge in Virginia.

If you are dealing with a 46.2-862 Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-862 Reckless Driving Defense 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.

Virginia 46.2-862 Loudoun Reckless Driving Lawyers Speed Violation

Dania v. Commonwealth

Facts:

A jury in the Circuit Court of Alexandria (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 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 Alexandria, 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:

  • For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit..
  • Improper driving, Va. Code Ann. § 46.2-869, is not a lesser-included offense of reckless driving by speed, Va. Code Ann. § 46.2-862. Every commission of reckless driving by speed does not also constitute a commission of improper driving. In addition, improper driving is not composed entirely of the elements of reckless driving by speed. Improper driving requires an additional finding of slight culpability, an element excluded from the reckless driving by speed statute.
46.2-862 Reckless Driving Defense In Virginia

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Sris Law Group
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Virginia State Law Alexandria Reckless Driving

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Reckless Driving State Law – Virginia Lawyers

If you have been charged with a violation of reckless driving state law in Virginia and you are concerned about a conviction, contact our law firm immediately for help.

Reckless driving state law 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.

Shawn v. Commonwealth

Facts:

The driver of a car was killed when it was struck by a police cruiser during a high-speed chase to apprehend defendant. The Court of Appeals of Virginia State affirmed defendant’s conviction for involuntary manslaughter. The present court awarded defendant an appeal, in which he argued that there was insufficient evidence to support his conviction. Since defendant had not assigned error to the Court of Appeals’ holding that his driving conduct was criminally negligent, that holding was binding on appeal. Proximate causation was the only remaining issue. Because defendant’s actions put into operation the high-speed chase, the officer’s intervening actions were not a superseding cause that alone caused the driver’s death

If you are facing a criminal case in Alexandria, 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 Supreme Court of Virginia has defined criminal negligence with reference to gross negligence. Gross negligence is punishable as criminal negligence when acts of a wanton or willful character, committed or omitted, show a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his acts. To convict a defendant of involuntary manslaughter based on such acts of criminal negligence, the Commonwealth must also prove that the defendant’s criminally negligent conduct was a proximate cause of the victim’s death
  • When a defendant challenges the sufficiency of the evidence, an appellate court considers the evidence in the light most favorable to the Commonwealth, the prevailing party in the circuit court, and the appellate court accords the Commonwealth the benefit of all reasonable inferences deducible from the evidence.

Reckless driving state law 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
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Alexandria Virginia Reckless Driving State Law 46.2-862

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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 Alexandria (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 Alexandria, 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
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Alexandria Virginia 46.2-852 Reckless Driving

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46.2-852 Reckless Driving – Virginia Lawyers

There are many different penalties for a 46.2-852 Reckless Driving charge in Virginia.

If you are dealing with 46.2-852 Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-852 Reckless Driving Defense 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.

Prince v. Commonwealth

Facts:

Defendant appealed from the judgment of the Circuit Court of the Alexandria (Virginia), which, after a bench trial, convicted her of reckless driving. The sole issue presented by the appeal was whether the evidence was sufficient to prove beyond a reasonable doubt that defendant drove a vehicle recklessly on a highway in violation of Va. Code Ann. § 46.2-852. The court found that the evidence was insufficient and reversed the conviction. The court held that under the facts shown by the record, the Commonwealth failed to prove beyond a reasonable doubt that defendant, who had fallen asleep at the wheel after drinking alcoholic beverages, was guilty of reckless driving in violation of § 46.2-852.

If you are facing a traffic case in Alexandria, 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:

  • Va. Code Ann. § 46.2-852 provides that, 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.
  • The word “recklessly” as used in Va. Code Ann. § 46.2-852 imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property. The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

46.2-852 Reckless Driving Defense 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

Reckless Driving In Alexandria Virginia

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Reckless Driving In Virginia Alexandria

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. Our law firm has the necessary experience to assist you with this matter.

White v. Commonwealth

Facts:

Defendant was convicted of eluding a police officer and driving while intoxicated. Defendant argued that his conviction for eluding a police officer constituted a conviction for reckless driving, thereby requiring the trial court, in obedience to Va. Code Ann. § 19.2-294.1, to have dismissed a driving while intoxicated charge against him which arose out of the “same acts.” On appeal, the court affirmed the convictions.

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:
  • Va. Code Ann. § 19.2-294.1 provides that whenever a person is charged with both reckless driving and driving while intoxicated “growing out of the same act or acts” and is convicted of one of the offenses, the trial court shall dismiss the remaining charge.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. 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

Alexandria Reckless Driving In Virginia Out Of State Driver

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Reckless Driving In Virginia Out Of State Driver Alexandria

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. Our law firm has the necessary experience to assist you with this matter.

James v. Commonwealth

Facts:

Defendant sought review before the 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 the driver was again tried in another court on identical charges brought by a different police officer of out of state.

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:
  • Va. Code Ann. § 19.2-294 reads that if the same act be a violation of two or more statutes, or of two or more ordinances, or of one or more statutes and also one or more ordinances, conviction under one of such statutes or ordinances shall be a bar to a prosecution or proceeding under the other or others. Furthermore, if the same act be a violation of both a state and a federal statute, a prosecution under the federal statute shall be a bar to a prosecution under the state statute.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. 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

Alexandria Reckless Driving In Virginia Fine

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Reckless Driving In Virginia Fine Alexandria

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. Our law firm has the necessary experience to assist you with this matter.

Willard v. Commonwealth

Facts:

Defendant was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone.  Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge. Defendant alleged that he was convicted of speeding by virtue of this payment of the fine and cost and therefore he could not be prosecuted for the driving under the influence charge because Va. Code Ann. § 19.2-294.1 prevented dual convictions of driving under the influence and reckless driving.

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:
  • Va. Code Ann. § 19.2-294 states that if a defendant is charged with driving under the influence of intoxicants and with reckless driving and he is convicted of one of those charges, then the court shall dismiss the remaining charge. The purpose of § 19.2-294 is to prevent the conviction of two different class one misdemeanors arising out of the same driving acts, when one of the misdemeanors is driving under the influence of intoxicants and the other is reckless driving. Where the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. 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

Alexandria Reckless Driving In Virginia Consequences

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Reckless Driving In Virginia Consequences Alexandria

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. Our law firm has the necessary experience to assist you with this matter.

Luther v. Commonwealth

Facts:

Defendant had pulled into a rest stop to take a nap 15 minutes before his vehicle ran off the road.  He informed police he did not remember why he ran off the road.  The police testified there were no skid marks and no evidence of braking at the scene.  At his trial for reckless driving, defendant stated that he previously had problems with control, consequences of wind caused by a passing truck, his tire combination and his vehicle was driven off the road. The trial court convicted defendant of reckless driving. On appeal, the court upheld the conviction..

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 essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.
  • The mere happening of an accident does not give rise to an inference of reckless driving.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  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. 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