subject: Virginia Reckless Driving Interstate 495 High Rate Speed Disregarding Police Signal Eighty Five Mile Per Hour 46.2-862 46.2-817 [print this page] Virginia Reckless Driving Interstate 495 High Rate Speed Disregarding Police Signal Eighty Five Mile Per Hour 46.2-862 46.2-817
JOHN W. LYLES, JR. v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
21 Va. App. 187
Trooper Ingham pulled in front of appellant's car. When asked why he failed to stop, appellant "respondedthat he was in a hurry to relieve the doctor covering for him at the hospital." Appellant was convicted for reckless driving and disregarding a police signal to stop, in violation of Va. Code 46.2-852 and 46.2-817.
Issue:
Whether the trial court erred in continuing the hearing after jeopardy attached so that appellant could retain an attorney?
The court held that "the continuance in this case was for the benefit of appellant rather than the Commonwealth. Appellant does not contend that the brief continuance prejudiced him in any way, and no evidence in the record demonstrates prejudice. On the contrary, the trial court continued the case specifically to allow appellant to retain an attorney to protect his interests. In fact, on July 7, appellant's counsel requested an additional continuance to have the trial heard on a date acceptable to his schedule. When the trial resumed on July 28, 1994, the same judge heard the case who had initially heard it on June 16, 1994. Appellant was not re-arraigned and did not enter pleas to thecharges. The Commonwealth called Trooper Ingham as its witness and continued with his testimony. Additionally, the court orders and statement of facts show no contemporaneous objection by appellant to the continuance. Under the facts of this case, we find no abuse of discretion in the trial court's granting of a continuance from June 16, 1994 to July 7, 1994 to allow appellant to obtain counsel."
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.
