MARK ANDREW LANKFORD, S/K/A ANDREW MARK LANKFORD v. COMMONWEALTH OF VIRGINIACOURT OF APPEALS OF VIRGINIAMarch 26, 1996, Decided
Whether the defendant DUI conviction was barred by a related conviction for reckless driving?
Although DUI and reckless driving are "separate and distinct" violations, a conviction of one offense precludes conviction of the other, whenever both grow from the same continuous, uninterrupted course of operation of a motor vehicle. It is the commonality of the underlying offending conduct, the continuous, uninterrupted operation of a motor vehicle that invokes the preclusive effect of the statute. Here, defendant was charged and convicted of both offenses resulting from the continuous operation of a motor vehicle, recklessly and while intoxicated, during an uninterrupted police pursuit. The charges were, therefore, intimately related in time and distance, arising from and connected by one continuous, uninterrupted operation of defendant's motor vehicle, thereby constituting a single offense within the intendment of Code § 19.2-294.1.
Accordingly, the court reversed the DUI conviction.
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.
The SRIS Law Group defends clients charged with reckless driving and DUI in Virginia. The law firm has 7 offices in Virginia. A number of the SRIS Law Group Virginia defense lawyers are former prosecutors have substantial experience defending clients charged with DUI & Reckless Driving charges in Virginia. Keep in mind that a DUI charge & Reckless Driving charge in Virginia are class 1 misdemeanors.
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