Dismissal Smyth Virginia Speeding Ticket

Seeking Dismissal Of A Virginia Speeding Ticket – Virginia Lawyers

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Dismissal Of A Virginia Speeding Ticket – Attorneys

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Warner v. Commonwealth

Facts:

The Commonwealth charged defendant with speeding under Smyth County, Va., Code § 82-4-10, which tracked the language of and substance of the comparable Virginia Code Annotated provisions. Defendant stipulated the Commonwealth’s evidence was sufficient to convict him, but moved to dismiss the § 82-4-10 charge because he was not provided an immediate hearing upon his request pursuant to Va. Code Ann. § 46.2-936. Section 46.2-936 provided that a person issued a summons for a violation of the traffic code which was punishable as a misdemeanor had a right to an immediate hearing. Defendant requested such a hearing by noting it on the Virginia Uniform Summons of which both he and the officer had copies. However, the speeding infraction was not punishable as a misdemeanor, and, even if it had been, the remedy for violation of the rights under § 46.2-936 would not have been dismissal of the charge.
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:
  • A person issued a summons for a violation of the traffic code which is punishable as a misdemeanor has a right to an immediate hearing. Va. Code Ann. § 46.2-936. The remedy for violation of the rights under § 46.2-936 is not dismissal of the charge..
  • Constitutional violations may well require dismissal of the charges for violations. However, Virginia law has consistently held that exclusion or dismissal is not the remedy for violations of statutory rights.

Dismissal Of A Virginia Speeding Ticket – Attorneys

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Article written by A Sris
Sris Law Group
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Smyth Virginia Hit Run Property Damage Charge

Virginia Hit And Run Property Damage Charge – Virginia Lawyers

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Virginia Hit And Run Property Damage Charge – Virginia Attorneys

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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

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Sris Law Group
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Driving Revoked License Smyth Virginia

Driving On A Revoked License – Virginia Lawyers

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Driving On A Revoked License – Attorneys In Virginia

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Warner v. Commonwealth

Facts:

A state trooper stopped defendant and charged him with reckless driving, DUI, having improper registration, and driving on revoked license. In district court, defendant was convicted of improper registration, DUI, and driving revoked. The conviction for improper registration had become final, and the DUI and driving revoked convictions were appealed. Defendant filed a motion to dismiss charges against him for driving under the influence of alcohol (DUI) and driving while his license was revoked or suspended (driving revoked).

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. § 19.2-294.1 is, by its terms, narrow in scope. The Virginia General Assembly did not intend for a single driving incident to give rise to only a single traffic conviction, regardless of how many statutes are violated, unless the statutes violated are those proscribing driving under the influence of alcohol and reckless driving.
  • Whenever any person is charged with a violation of § 18.2-266 [the drunk driving statute]… and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.

Driving On A Revoked License – Attorneys In Virginia

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Sris Law Group
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Smyth Virginia State Law 46.2 862

State Law 46.2 862 Charge – Virginia Lawyers

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State Law 46.2 862 defense in Virginia

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Commonwealth v. Smith

Facts:

Defendant appealed her conviction by the Circuit Court of Smyth (Virginia) of reckless driving by speeding 70 miles per hour in a 45 miles-per-hour zone in Virginia State under Virginia Code Ann. § 46.2-862, following the denial of her motion to strike the evidence obtained by pacing to prove her speed, alleging that pacing as per law was not a method for determining speed listed in Va. Code Ann. § 46.2-882.

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. § 46.2-882 is a statute permitting the admissibility of evidence. It is not a statute of exclusion. It sanctions four types of scientific evidence that determine speed by eliminating the need to prove that the underlying scientific principle or technique of the measuring device is reliable.
  • Nothing in Va. Code Ann. § 46.2-882 suggests it is meant to limit the means for proving speed. The statute itself states that speed “may” be determined by the enumerated means. “The word “may” is prima facie permissive, importing discretion, but the courts construe it to be mandatory when it is necessary to accomplish the manifest purpose of the Virginia legislature. Even lay witness testimony has always been an acceptable method of the speed of a car. The statute does not prevent the Commonwealth from proving a vehicle’s speed by other methods.
  • One of the easiest methods of proving a vehicle’s speed is by pacing. This involves accurately determining the speed of one vehicle while proceeding at a constant distance from a second vehicle. If the distance between the two vehicles remains constant, the speed of the second vehicle must be the same as the known speed of the first vehicle. Va. Code Ann. § 46.2-942 clearly contemplates the use of pacing as a method of determining a vehicle’s speed by authorizing the admission of calibration tests to prove the accuracy of an arresting officer’s speedometer.

State Law 46.2 862 defense in Virginia

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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

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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

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

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

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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

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Sris Law Group

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