Virginia Fairfax Reckless Driving Lawyer Traffic Charges
Virginia Fairfax Reckless Driving Lawyer Traffic Charges
Carl v. Commonwealth
Facts:
Defendant was charged with, inter alia, felony driving under the influence (DUI) and misdemeanor reckless driving that arose from the same incident. Defendant pleaded “not guilty” to the DUI charge and “guilty” to the reckless driving charge. The Commonwealth asked the trial court not to accept the guilty plea to the reckless driving charge and to set both charges for trial. Thereafter, the Commonwealth successfully moved to nolle prosequi the reckless driving charge. The appellate court held that defendant had not been convicted of reckless driving.
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Holdings:
The Virginia Court made the following holding:
- At the time a motion for nolle prosequi is granted, an appellant is not an aggrieved party petitioning from a final conviction in a circuit court of a traffic infraction or a crime and, thus, has no right to petition the Court of Appeals of Virginia for a review of the trial court’s action at that time. Va. Code Ann. § 17.1-406.
- Va. Code Ann. § 17.1-406(A)(i) grants the Court of Appeals of Virginia appellate jurisdiction over any final conviction in a circuit court of a traffic infraction or a crime, except where a sentence of death has been imposed.
- A trial court’s ruling in an interlocutory order is but an antecedent incident to a trial of the indictments against a defendant, and is in no sense the pronouncement of a final judgment.
The SRIS Law Group Fairfax Virginia lawyers will do their best to help you with your reckless driving ticket. Contact a Fairfax Virginia lawyer from our firm to discuss your reckless driving ticket.
A Fairfax Virginia lawyer from our firm will talk with you about your reckless driving ticket in Fairfax Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Fairfax Court House Detail:
Fairfax Circuit Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County General District Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County Juvenile and Domestic Relations District Court
4110 Chain Bridge Road,
Fairfax, VA 22030-4020.
Article written by A Sris
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.
Virginia Negligence Reckless Driving Lawyers Prince William County
The evidence was sufficient to support felonious negligence where defendant’s conduct in a residential subdivision constituted reckless driving so flagrant, culpable, and wanton as to show utter disregard of safety of others, likely to cause injury.
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A defendant could be convicted for drunk driving and for reckless driving where the evidence showed both had been committed because the two charges were based on separate acts.
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The offense of eluding a police officer was no longer constituted the offense of reckless driving where the legislature deleted the language designating violations of the statute as reckless driving.
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A conviction for speeding did not preclude defendant’s conviction for DUI under Virginia statute, as speeding and reckless driving were separate and distinct offenses.
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Denial of defendant’s proposed instruction for improper driving as a lesser-included offense in her trial for reckless driving by speed, Va. Code Ann. § 46.2-862, was proper because improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed was not also improper driving
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In a prosecution for transporting ardent spirits, the Commonwealth was allowed to introduce evidence of defendant’s intoxication and reckless driving, even though they were uncharged crimes, when they were part of the res gestae.
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A defendant could be convicted for drunk driving and for reckless driving where the evidence showed both had been committed because the two charges were based on separate acts.
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A driver was not entitled to appeal a Commissioner’s order revoking his operator’s license due to reckless driving convictions where the order was entered under a statutory mandate and where the issues on appeal did not involve the driver’s identity.
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Defendant’s appeal challenging fine and license suspension following conviction for reckless driving was not preserved for review where he did not make timely objections in the trial court.
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