Posts Tagged ‘46.2-862’
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 UNPUBLISHED MEMORANDUM OPINION[*]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.
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Alexandria VIRGINIA: VA Code 46.2-862 Class 1 Misdemeanor Reckless Driving by Speed charge for speeding 88 miles in a 55 mile zone, was REDUCED to a speeding ticket at a lower speed, with just a fine of $100. No criminal conviction, no jail time, and no license suspension.
Read more about Reckless Driving here: Virginia Misdemeanor Reckless Driving Laws and Defenses for Charges in Alexandria, Fairfax, Arlington, Falls Church, Prince William
Obstruction of Justice Charges DROPPED, DUI BAC .22 Results in 15 Days in Jail in Alexandria VA
2012
ALEXANDRIA, VIRGINIA: Client had prior DUI in another state, along with 7 other criminal convictions, received 4 new charges in Alexandria. DUI Drunk Driving charge (VA Code 18.2-266) with a BAC of .22 resulted in conviction for a regular first offense DWI charge with no penalty enhancement, nor language as to the BAC in the conviction – with just 15 days to serve and the standard first offender treatment. Reckless driving by Speed (VA Code 46.2-862) was reduced to Speeding 19 PMH over with a $75 fine. Obstruction of Justice by Threatening Law Enforcement Officer (Va Code 18.2-460) was DROPPED even though Client repeatedly threatened to kill the police officer who arrested him. Refusal to submit to breath / blood test (Va Code 18.2-268.3) charge was also DROPPED.
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
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, VIRGINIA: VA Code 46.2-862 Class 1 Misdemeanor Reckless Driving by Speed of 88 in a 55 was REDUCED to a Speeding Ticket with just a fine of $250. No criminal conviction, no jail time, and no license suspension – even though the speed was 33 miles over the speed limit.
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 46.2-861 Class 1 Misdemeanor Reckless Driving – Too Fast for Conditions trial resulted in a win for the defense with a Not Guilty verdict.
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
ALEXANDRIA, VIRGINIA: VA Code 46.2-862 Class 1 Misdemeanor Reckless Driving by Speed of 64/35, 29 miles over the speed limit was REDUCED to a Speeding ticket at a reduced speed of 54 in a 35 zone.
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
NORTHERN VIRGINIA: Misdemeanor Reckless Driving by Speed of 79 MPH in a 55 zone (VA Code 46.2-862) was REDUCED to a traffic ticket for speeding, at a REDUCED speed of 74 in a 55 zone, and only a $114 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
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