Smyth Virginia Hit Run Property Damage Charge

Virginia Hit And Run Property Damage Charge – Virginia Lawyers

If you are concerned about a Virginia Hit And Run Property Damage Charge, contact our law firm immediately for help.

Virginia Hit And Run Property Damage Charge – Virginia Attorneys

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.

Walter v. Commonwealth

Facts:

The driver sued by the passengers pled guilty to felony hit and run. The contribution statute, Va. Code Ann. § 8.01-34, was in derogation of the common law and had to be strictly construed. Assuming, without deciding, that felony hit and run, under Va. Code Ann. § 46.2-894, was a crime involving moral turpitude, the actions of the driver which raised his conduct to one involving moral turpitude occurred after the vehicles collided, and the passengers were injured and also caused damage to the property. Rather than finding that all of the driver’s actions, from driving to leaving the scene, were one continuous course of conduct, it was better to let the trier of fact decide if the driver’s conduct involved moral turpitude. The driver did not have to be at fault in causing the accident to be guilty of hit and run.

If you are facing a criminal case in Smyth, 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:
  • A person does not have to be at fault in causing an accident to be guilty of hit and run. The moral turpitude in hit and run, excluding contribution under Va. Code Ann. § 8.01-34, is mutually exclusive from a defendant’s allegedly negligent driving that resulted in the accident.
  • It is clear that under Va. Code Ann. § 8.01-34 contribution lies when the negligence of two or more wrongdoers (joint tortfeasors) cause an indivisible injury to one person. Contribution is available when the wrong results from negligence and involves no moral turpitude.

Virginia Hit And Run Property Damage Charge – Virginia Attorneys

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
1-434-509-4004

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Smyth Virginia 46.2-862

46.2-862 Charge Of Reckless Driving – Virginia Lawyers

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

46.2-862 Charge Of 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.

James Peter 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 fines and costs 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. On review, the court disagreed holding that defendant’s argument required that he be charged with and convicted of reckless driving. The court stated that speeding was a traffic infraction and reckless driving was a misdemeanor. In addition, the court determined that § 19.2-294.1 only applied if defendant was charged with driving under the influence and reckless driving. The court held that where the evidence supported prosecution under two parallel statutes, the Commonwealth had the right to elect under which statute to proceed.

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:

  • Under Va. Code Ann. § 16.1-69.40:1, it is not possible for a defendant to prepay the fine for a reckless driving charge as it is expressly forbidden by Va. Code Ann. § 16.1-69.40:1(d).
  • 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.

46.2-862 Charge Of 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
1-434-509-4004

Smyth Virginia 82-1-6 / 46.2-852 Penalty

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

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Block v. Commonwealth

Facts:

Defendant appealed from an order of the Circuit Court of Smyth (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 Smyth, 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

1-434-509-4004