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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 Dinwiddie (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 Dinwiddie, 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

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
1-804-201-9009

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