Reckless Driving by Conduct, under §46.2-852, Dismissed After Bench Trial. Fairfax County General District Court.
Driver charged with misdemeanor Reckless Driving by Conduct under Virginia Code §46.2-852. This was a non-accident case involving allegations of high speed by a State Trooper. The speed involved was 116 miles per hour, with two vehicles stopped at the scene. Client pled not guilty and the charge was dismissed at trial.
The statute requires that the prosecution prove that the driving behavior endangered life, limb, or property beyond a reasonable doubt.
Radar calibrations were challenged in court and not properly admitted to support the correct operation of speed measurement device.