Virginia Reckless Driving State 46.2-852 Felony Eluding 85 Miles Fairfax County Prince William Loudoun

Virginia Reckless Driving State 46.2-852 Felony Eluding 85 Miles Fairfax County Prince William Loudoun

Stone v. Commonwealth (Va.Ct. App. June 2, 2009)

While driving on an interstate, the park police officer observed defendant approach on a motorcycle at a high rate of speed. As defendant passed the officer's vehicle, the officer "tapped" his siren in an attempt to slow defendant down. However, defendant accelerated past the officer at approximately 85 miles per hour. The officer activated his emergency equipment and attempted to stop defendant. When defendant eventually stopped his motorcycle, the officer requested his license and registration. Defendant questioned the officer's authority, then returned to his motorcycle and drove off. The officer pursued defendant for a short distance, observing defendant as he cut between cars and forcing them to "brake hard" on the highway. When defendant exited the highway in a congested area, the officer ended the pursuit for safety reasons. Officer later obtained an arrest warrant for felony eluding a law enforcement officer. After appellant's preliminary hearing, the prosecuting attorney sought and obtained an indictment for misdemeanor reckless driving. Defendant filed a motion to quash indictment with the trial court, asserting that Shannon had no authority to stop appellant for a violation of a Virginia law on a Virginia highway

Here, assuming Defendant's stop was unlawful, defendant's reckless driving occurred subsequent to that detention, after the encounter had ceased, and constituted a new offense. Therefore, the trial court did not err in convicting appellant of reckless driving. Appellant attempts to distinguish Brown and Gray on the basis that despite the unlawful police conduct in those cases, the officers nevertheless were within their authority to arrest the suspects. We believe this is a distinction without a difference. Here, the underlying reason for the illegality of the stop, whether it be a constitutional violation or because the officer was beyond his lawful authority, is of no moment. Appellant's conviction is based upon Shannon's testimony regarding the reckless driving he observed, a new offense.

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.

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