762 S.E.2d 396
Va. Ct. App.2014Background
- Blevins was convicted of reckless driving under Code § 46.2-852 after a rainy night on I-95 where his truck crossed into Robertson's lane.
- Robertson's car struck by Blevins; passenger died and Robertson was injured.
- Robertson testified Blevins accelerated and drifted toward Robertson when passing; the collision occurred in a left lane.
- Trooper Oliver testified the speed limit was 65 mph; Blevins admitted driving between 75–80 mph and that his truck shook and pulled left.
- Blevins testified he was driving 70–75 mph, clipped Robertson's car while partially past him, and caused the collision, noting the truck stayed in gear due to an automatic transmission.
- Blevins moved for a judgment of acquittal; the jury found him guilty of reckless driving and the court sentenced him to ten months in jail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for reckless driving | Blevins contends evidence does not prove disregard for life, limb, or property. | Commonwealth argues speed, weather, loss of vehicle control, and collision show recklessness. | Evidence supports recklessness beyond a reasonable doubt. |
| Validity of jury instruction on improper driving | Blevins seeks instruction on improper driving as a lesser offense. | Commonwealth argues jury cannot reduce to improper driving under Code § 46.2-869. | Jury instruction improper driving not available; court did not err. |
Key Cases Cited
- Hamilton v. Commonwealth, 279 Va. 94 (2010) (standard for sufficiency review)
- Spencer v. City of Norfolk, 271 Va. 460 (2006) (recklessness elements and endangerment factors)
- Sarafin v. Commonwealth, 62 Va. App. 385 (2013) (reversal standards and sufficiency framework)
- Crest v. Commonwealth, 40 Va. App. 165 (2003) (factors for recklessness and burden on appellate review)
- Chibikom v. Commonwealth, 54 Va. App. 422 (2009) (improper driving reduction authority under §46.2-869)