Friday, April 11, 2014
Virginia Beach Drunk Driving Lawyers Traffic Violation 46.2-852
Virginia Beach
Drunk Driving Lawyers
Below is a sample case of
traffic violation in Virginia as interpreted by a lawyer in our firm.
Have you been charged with a
traffic ticket in Virginia and need a lawyer to defend you?
Are you concerned about the
consequences of being charged for a traffic violation in Virginia?
We have defended many traffic
tickets in Virginia and we can help you as well.
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locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Painter v. Commonwealth
Facts:
In a drunk driving case, Defendant
was charged with reckless driving under Va. Code Ann. § 46.2-852. She filed a
motion in limine seeking to exclude any testimony concerning a preliminary
breath test (PBT), or in the alternative, for an instruction with regard to the
blood alcohol presumptions found in Va. Code Ann. § 18.2-269. The motion was
denied by the Circuit Court of Arlington County, Virginia. Defendant appealed
her reckless driving conviction.
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:
- In the event the
prosecution adduces evidence of a particular blood alcohol level to
establish that an appellant was intoxicated and driving recklessly, the
presumptions found in Va. Code Ann. § 18.2-269 become relevant. Therefore,
a jury instruction regarding the statutory presumptions of impairment at
various levels should be granted to the party requesting it.
- Va. Code Ann. § 46.2-852
provides that irrespective of the maximum speeds permitted by law, any
person who drives a vehicle on any highway recklessly or at a speed or in
a manner so as to endanger the life, limb, or property of any person shall
be guilty of reckless driving. 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 of reckless driving lies not in the
act of operating a vehicle, but in the manner and circumstances of its
operation.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
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