subject: Reckless Driving Mecklenburg County Virginia Felony Eluding Destuction Property Failing Stop Scene Accident Hit Run Misdemeanor 46.2-852 [print this page] Reckless Driving Mecklenburg County Virginia Felony Eluding Destuction Property Failing Stop Scene Accident Hit Run Misdemeanor 46.2-852
The court found Milazzo guilty of felony eluding the police, in violation of Code 46.2-817(B); felony destruction of property, in violation of Code 18.2-137(B); felony failing to stop at the scene of an accident, in violation of Code 46.2-894; and misdemeanor reckless driving, in violation of Code 46.2-852.
Issue:
Whether the evidence was sufficient as a matter of law to prove that the defendant was guilty of felony hit and run, in violation of Code 46.2-894
The defendant contended that as he did in the Court of Appeals, that his conduct was intentional and that, therefore, he was not involved in an "accident." The Commonwealth contends that the term "accident," as used in a so-called hit-and-run statute, is not limited to unintentional incidents.
The Court held that "we agree with the Commonwealth of Virginia and the reasoning of the Supreme Court of Rhode Island in State v. Smyth, 121 R.I. 188, 397 A.2d 497 (R.I. 1979). The purpose of Code 46.2-894 is to protect persons injured as the result of, and to ensure the assessment of liability arising out of, an unfortunate vehicular event. The statute's primary beneficiary is the injured victim, and it makes no difference whether the collision was intentional or unintentional. Therefore, the evidence was sufficient to prove that the defendant was guilty of felony hit and run, in violation of Code 46.2-894."
The above is an analysis of a serious traffic case by a Virginia traffic ticket lawyer.
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.
