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Key v. Commonwealth

Facts:

Defendant sought review before the court after he was convicted on charges of reckless driving, driving on a suspended operator’s license, and speeding to elude, and he claimed that his rights under the Double Jeopardy Clause of U.S. Const. amend. V and Va. Code Ann. § 19.2-294 were violated when he was again tried in another court on identical charges brought by a different police officer.

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Holdings:

The Virginia Court made the following holding:

• Va. Code Ann. § 19.2-294 reads that if the same act be a violation of two or more statutes, or of two or more ordinances, or of one or more statutes and also one or more ordinances, conviction under one of such statutes or ordinances shall be a bar to a prosecution or proceeding under the other or others. Furthermore, if the same act be a violation of both a state and a federal statute, a prosecution under the federal statute shall be a bar to a prosecution under the state statute.
• One occasion of driving an automobile may give rise to multiple convictions. The test of whether there are separate acts sustaining several offenses is whether the same evidence is required to sustain them. While Va. Code Ann. § 19.2-294.1 prohibits convictions of both driving under the influence and reckless driving growing out of the same act or acts, § 19.2-294 applies only when “the same act” is a violation of two or more statutes.

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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.

The SRIS Law Group Virginia lawyers will do their best to help you with your reckless driving ticket. Contact a Virginia lawyer from our firm to discuss your reckless driving ticket.

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Article written by A Sris

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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.

The post Reckless Driving Virginia Lawyer Fairfax Suspended License Speeding appeared first on Virginia Reckless Driving Ticket.

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Wood v. Commonwealth

Facts:

Police stopped and arrested defendant for reckless driving. After spotting cocaine in the car as they looked in the glove compartment for defendant’s operator’s license and vehicle registration, the police arrested defendant for possession. A further search of the car revealed more drugs. Defendant filed a motion to suppress the drugs. The trial court denied the motion, and defendant was convicted for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding.

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Holdings:

The Virginia Court made the following holding:

• Reckless driving is a Class 1 misdemeanor. Va. Code Ann. § 46.2-868. The police have statutory authority to arrest for a misdemeanor traffic offense committed in an officer’s presence. Va. Code Ann. § 19.2-81. Once a defendant is lawfully arrested for reckless driving, an officer is authorized to undertake a related search of the vehicle’s passenger compartment. A custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification.
• In considering a trial court’s ruling on a suppression motion, an appellate court views the evidence in the light most favorable to the prevailing party below, and the decision of the trial court will be disturbed only if plainly wrong. The appellate court’s review of the record includes evidence adduced at both the trial and the suppression hearing. On appeal, appellant carries the burden to show that the denial of a motion to suppress constitutes reversible error.

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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.

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.

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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

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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.

The post Virginia Fairfax Reckless Driving Lawyers Suspended License Speeding Marijuana Possession appeared first on Virginia Reckless Driving Ticket.

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.

If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

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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

Click to Chat

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.

The post Virginia Fairfax Reckless Driving Lawyer Traffic Charges appeared first on Virginia Reckless Driving Ticket.

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