Virginia Beach Reckless Driving Lawyers Accident Evidence

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 Oliver v. Commonwealth

Facts:

Defendant and several friends were riding in defendant’s mother’s car. There was a single car accident in which one of defendant’s friends died. When police arrived they were unable to determine who had been driving the car. Defendant denied being the driver. Another of defendant’s friends provided a written statement to police implicating defendant. Defendant was charged separately with reckless driving and with manslaughter. Defendant was acquitted of reckless driving.

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Virginia Beach Reckless Driving Lawyers Accident Evidence

Holdings:

The Virginia Court made the following holding:

• When a statement accusing one of the commission of an offense is made in his presence and hearing and is not denied, both the statement and the fact of his failure to deny are admissible in a criminal proceeding against him as evidence of his acquiescence in its truth. It is based on the theory that the natural reaction of one accused of crime is to deny the accusation if it is unjust or untrue. The accusation and his silence thereunder to be admissible must, however, have been under such circumstances as would naturally call for a reply or denial and such as would afford a favorable opportunity for denial.
• The character of the incriminating statement made to the accused would render it inadmissible as hearsay except for the fact that the statement is not offered in evidence as proof of a fact asserted but as a predicate to the showing of the reaction of the accused thereto. In all instances caution must be exercised in receiving evidence of a statement made to the accused and his failure to deny it. The test is whether men similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so.
• Two separate and distinct offenses may arise out of the same occurrence.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

The SRIS Law Group Virginia lawyers will do their best to help you with your reckless driving ticket. Contact a Virginia lawyer from our firm to discuss your reckless driving ticket.

A Virginia lawyer from our firm will talk with you about your reckless driving ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Virginia Beach Court House Detail:

Virginia Beach Circuit Court

2425 Nimmo Parkway
Building 10, 4th Floor,
Virginia Beach, VA 23456-9017

Virginia Beach General District Court

2425 Nimmo Parkway,
Virginia Beach, VA 23456-9057

Virginia Beach Juvenile and Domestic Relations District Court

2425 Nimmo Parkway, Building 10
Judicial Complex 10A,
Municipal Center
Virginia Beach, VA 23456.

Article written by A Sris

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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.