Reckless Driving Lawyers Virginia Beach

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.

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Richie v. Commonwealth

Facts:

Defendant was speeding, and he did not pull over when he was pursued by a police officer. Defendant was in an accident in Virginia Beach, and the officer asked him what caused it. Defendant admitted that he was speeding. Defendant was convicted of eluding the police. On appeal, defendant claimed that his statement was in violation of his Miranda rights and the trial court erred in overruling his motion to suppress. The court affirmed the conviction and held that defendant was not in custody at the time that he made his statement. The officer detained defendant as a necessary protective measure. Defendant was questioned as the driver of a vehicle involved in a traffic accident, not as a criminal suspect. Defendant was barred from arguing that the trial court erred in failing to instruct the jury on reckless or improper driving because he did not ask for the instruction.

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Holdings:

The Virginia Court made the following holding:

• Factors a trial court may consider in determining whether a person is subject to "custodial interrogation" are whether a police officer informs the individual that he or she is not under arrest, and whether the individual knows or has been apprised of the nature of the investigation. The trial court may also consider the point at which the suspect becomes the focus of the investigation. In evaluating the various factors, the situation must be viewed from the vantage point of how a reasonable person in the suspect's position would have understood his situation. On review, the court considers the evidence in the light most favorable to the commonwealth and will affirm the trial court's findings unless unsupported by the record.

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.


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.