subject: Arlington County Reckless Driving Virginia 80 miles Per Hour Felony Eluding Police Misdemeanor 46.2-852 Route 395 Federal Park Police Motorcycle [print this page] Arlington County Reckless Driving Virginia 80 miles Per Hour Felony Eluding Police Misdemeanor 46.2-852 Route 395 Federal Park Police Motorcycle
DARRYLL C. STONE v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
June 2, 2009, Decided
As appellant passed alongside Shannon's vehicle, Shannon "tapped" his siren in an attempt to slow appellant down. Appellant gave Shannon a "disdainful look" and accelerated past Shannon at approximately eighty-five miles per hour. When appellant exited the highway in a congested area, Shannon ended the pursuit for safety reasons. Shannon later obtained an arrest warrant for felony eluding a law enforcement officer and an indictment for misdemeanor reckless driving.
Defendant appealed a judgment by the Circuit Court of Arlington County (Virginia) that convicted him of reckless driving, in violation of Va. Code Ann. 46.2-852;
Appellant contends that a United States Park Police officer had no authority to stop him on a Commonwealth of Virginia roadway. Implicit in appellant's argument is that appellant cannot be prosecuted for any behavior that occurred after the alleged illegal stop.
The Commonwealth responds that the appellant was not convicted of the speeding for which he was stopped; appellant's conviction is based upon his reckless driving that occurred after the stop had ended.
Whether the trial court erred in convicting appellant of reckless driving?
The Court finds that the 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 that occurred after the stop.
The Court further held that "assuming Shannon's stop was unlawful, appellant'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 in Virginia.
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.
