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Hit Run
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.
About the Author
The SRIS Law Group Virginia reckless driving attorneys defend Virginia reckless driving tickets all throughout Virginia. The SRIS Law Group has offices in Northern Virginia, Central Virginia, Hamptonroads/Tidewater area & Western Virginia. The SRIS Law Group Virginia reckless driving lawyers defend clients in counties such as Roanoke, Rockingham, Stafford, Arlington, Alexandria, etc.
hit & run.?
ok. like two months ago i got into a car accident someone hit my vehicle and run! got the licence plate # and gave that information the the police, now i got the name and address and phone # of the owner of the vehicle but there is no answer ?
i mean i dont know what to do i cant drive my car b/c is damaged and i cant be after this person. i dont know what to do?
Call your insurance Company!!!
They will take care of all this and depending on your coverages, they will probably fix your car in the meantime.
3 Hit, Run Cases Still Unsolved