subject: City Alexandria Virginia Reckless Driving Violation VA Fairfax Prince William Loudoun Arlington Fredericksburg Prince William County [print this page] Commonwealth of Virginia vCommonwealth of Virginia v. Krisjansons
CIRCUIT COURT OF THE CITY OF ALEXANDRIA, VIRGINIA
August 23, 1996
Defendant posted collateral on the speeding offense, paying a fine of $ 75.00 and costs. Defendant contended that her speeding violation constituted reckless driving under Va. Code Ann. 46.2-862 and that her prosecution for driving while intoxicated was therefore barred by Va. Code Ann. 19.2-294.1, which prohibited conviction of both reckless driving and driving while intoxicated where both charges arose out of the same act or acts.
Whether prosecution for driving while intoxicated was barred by the conviction for reckless driving?
Discussion:
1) Whether the speeding violation constitutes reckless driving
The Court states that "The statute in question, 19.2-294.1, is clear and unambiguous, and the legislative intent is clear. Under Article 7 of Title 46.2, there are fourteen different offenses that the legislature has determined constitute "reckless driving". Nowhere in 19.2-294.1 does the legislature delineate, define, or limit in any way the "reckless driving" that constitutes a bar to a conviction for driving while intoxicated."
Hence, the Court concludes, the legislature intended to include any offense constituting reckless driving under the Code. Since operation of a motor vehicle at the speed of 60 miles per hour where the maximum speed is 35 miles per hour constitutes reckless driving
2) Whether prosecution for driving while intoxicated was barred by the conviction for reckless driving
Since operation of a motor vehicle at the speed of 60 miles per hour where the maximum speed is 35 miles per hour constitutes reckless driving and since Defendant has been convicted of this offense and the charges grow out of the same act or acts, the conviction of Defendant of driving while intoxicated is barred by the provisions of 19.2-294.1.
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
City Alexandria Virginia Reckless Driving Violation VA Fairfax Prince William Loudoun Arlington Fredericksburg Prince William County
