Legal Question in Criminal Law in Virginia

double jeopardy?
My son was the driver of a truck when he had an accident in which a girl died. He was charged with manslaughter. It went to court and the judge dismissed it after 8 hours of trial. No jury just the judge. He said no evidence of speed or impairment. The next day the Commonwealth Attorney summoned him with reckless driving. No tickets were issued at the time of the accident. This summons came 11 months after the accident. Can he charge him with this after the judge dismissed the case? Is this a case of Double Jeopardy?

Asked on 1/21/03, 2:13 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: double jeopardy?

The judge dismissed the case charging homicide

(manslaughter). The prosecutor is free to bring

the new charge of reckless driving arising out

of the same set of facts but still very different

from a charge involving homicide.

There is no issue of double jeopardy under the

scenario that you have described.

Answered on 1/21/03, 11:24 pm

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