School Bus
Posted on Sunday, April 10th, 2011 at 6:32 am
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Virginia Reckless Driving School Bus Reasonable Doubt Marked Lettering Jury Verdict Recollection Lawyers Attorneys
Commonwealth of Virginia v. Thomas Lingenfelter
CIRCUIT COURT OF SPOTSYLVANIA COUNTY, VIRGINIA
June 16, 1987
After a jury trial, defendant was convicted of reckless driving by illegally passing a stopped school bus, in violation of Va. Code Ann. § 46.1-190(f). Before the court was defendant's motion to set aside the verdict. Defendant's motion to set aside the guilty verdict rested on his claim that the Commonwealth failed to prove that the words "School Bus" were on the front and rear of the bus that he was charged with illegally passing in letters that were at least eight inches high, as required by Va. Code Ann. § 46.1-190(f).
Issue:
Whether the Commonwealth proved the guilt of the defendant beyond reasonable doubt?
Observation and Holding:
Granting defendant's motion, the court noted that the prosecution's witnesses, including the school bus driver and the school bus supervisor, had testified that the letters of the words "School Bus" were from three to six inches high; though the school bus supervisor later claimed that the letters were actually over six inches high, he failed to specify their height. The court concluded by holding that "in fact, a very similar case was tried before me in Spotsylvania County some years back in which I was compelled to strike the Commonwealth's evidence upon a motion because there was no proof of the height of the bus lettering. While the height of the letters in the instant case was mentioned, there was no proof beyond a reasonable doubt that this height complied with the strict law of Virginia on this point."
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 is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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