Posts Tagged ‘46.2-852’
CITY OF ALEXANDRIA, VIRGINIA: VA Code 46.2-862 Class 1 Misdemeanor Reckless Driving charge for driving 29 MPH over the speed limit on Duke Street in Old Town Alexandria was AMENDED and REDUCED by the Judge to Improper Driving (a non-criminal 3-point driving violation) after Defense motion and arguments, against the Prosecutor’s objection and arguments to convict the Client of criminal Reckless Driving.
ERIN MICHELLE BURNSIDE v.COMMONWEALTH OF VIRGINIA
Court of Appeals of Virginia, Teleconference. May 14, 2013. UNPUBLISHED MEMORANDUM OPINION[*]
Appellant, Erin Michelle Burnside, was found guilty of reckless driving. She assigns error to the trial court’s refusal to exclude the results of a preliminary breath test. She further assigns error to the trial court’s refusal to grant a jury instruction, based on Code § 18.2-269, addressing statutory presumptions of alcohol-related impairment. We hold that the trial court erred in admitting the testimony of the preliminary breath test when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly.
|| Read more
Fairfax County, Virginia: Felony PWID Possession with Intent to Distribute >.5oz Marijuana, VA Code 18.2-248.1 (punishable by 1-10 years in prison), was AMENDED and REDUCED to Simple Possession, a class U misdemeanor, with only 2 days to serve. A related Reckless Driving Class 1 Misdemeanor charge under VA Code 46.2-852, punishable by up to 1 year in jail, was AMENDED and REDUCED to Improper Driving – a citation with a $250 fine.
Read more about Virginia’s Drug and Marijuana Laws here: Virginia Drug & Marijuana Charges and Defenses for Possession of Marijuana, Paraphernalia, Possession with Intent, Distribution, and Related Offenses Google+
Read more about Reckless Driving here: Virginia Misdemeanor Reckless Driving Laws and Defenses for Charges in Alexandria, Fairfax, Arlington, Falls Church, Prince William
Misdemeanor Reckless Driving Generally REDUCED to Improper Driving Citation in Fairfax Virginia
2012
FAIRFAX VIRGINIA: VA Code 46.2-852 Class 1 Misdemeanor Reckless Driving charge for weaving through traffic at very high speeds and driving in excess of 85 mph, was REDUCED to Improper Driving with just a fine of $250. A related inspection violation charge was dropped. No criminal conviction, no jail time, and no license suspension.
Read more about Reckless Driving here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
FAIRFAX VIRGINIA: VA Code 46.2-852 Class 1 Misdemeanor Reckless Driving charge was REDUCED to Improper Driving with just a fine of $150. No criminal conviction, no jail time, and no license suspension.
Read more about Reckless Driving here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
PRINCE WILLIAM COUNTY / MANASSAS, VIRGINIA: Client was charged with VA Code 46.2-862 Class 1 Misdemeanor Reckless Driving by Speed of 94 in a 65, and the client had a prior Reckless Driving conviction. Our case was REDUCED to a Speeding Citation with just a fine of $200. No criminal conviction, no jail time, and no license suspension.
Read more about Reckless Driving here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
Fairfax County, Virginia: Misdemeanor Reckless Driving by Speed of 81 MPH in a 55 zone (VA Code 46.2-862) was REDUCED / AMENDED to a traffic ticket for speeding, at a REDUCED speed of 74 in a 55 zone, and only a $250 fine.
Read more about reckless driving and criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
Client 1: Fairfax County, Virginia: First Offense – Misdemeanor Reckless Driving by Speed of 80 MPH in a 55 zone (VA Code 46.2-862) was REDUCED / AMENDED to a traffic ticket for speeding, at a REDUCED speed of 74 in a 55 zone, and only a $100 fine.
Client 2: Fairfax County, Virginia: Repeat Reckless Driving Offender – Misdemeanor Reckless Driving by Speed of 87 MPH in a 55 zone (VA Code 46.2-862) received only a $100 fine with NO suspension of his driver’s license and NO jail time.
Read more about reckless driving and criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
WHAT IS RECKLESS DRIVING IN VIRGINIA?
Reckless Driving is a misdemeanor criminal charge in Virginia. If your speed was either 20 miles over the speed limit, or if you were going at a speed over 80 miles per hour, then your “speeding ticket” is likely a Virginia Uniform Summons for Reckless Driving. And so, what looks like a regular speeding ticket may be much more than just a lot of points on your driving record. Reckless Driving is a Class 1 Misdemeanor under Virginia VA Code § 46.2-862 “Exceeding speed limit” – the same level of offense in Virginia as a DUI, assault, or larceny charge. That yellow ticket that you signed is actually an alternative version of an arrest for reckless driving. RECKLESS DRIVING ISN’T THE EVERYDAY SPEEDING TICKET. This charge frequently appears as “82-1-6″ on a Fairfax Driving Summons.
|| Read more
Northern Virginia:
A repeat offender (with 12 prior felony and misdemeanor convictions) was charged with 8 total criminal offenses – felony endangerment / eluding police (VA Code 46.2-817), misdemeanor 2nd DUI in 5 years (VA Code 18.2-266), misdemeanor reckless driving (VA Code 46.2-852), misdemeanor driving on a suspended license after a DWI (VA Code 18.2-272), misdemeanor driving on a revoked license 3rd offense (VA Code 46.2-301), misdemeanor drinking while driving / open container of alcohol in vehicle (VA Code 18.2-323.1), refusal to take breath test (VA Code 18.2-268.3), and traffic offenses. All charges were DROPPED prior to commencement of a jury trial with a plea to one felony and one misdemeanor, significantly reducing client’s potential jail sentence.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test
Read more about reckless driving and criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
