Man convicted of Reckless Driving in Virginia.

Claude Elmer Frazier (appellant) was convicted in a bench trial of reckless driving, a misdemeanor, in violation of Code § 46.2-852. On appeal, he contends the trial court erred in finding the evidence was sufficient to convict. For the reasons stated, we affirm the conviction.

As the parties are familiar with these facts, we do not repeat them in this opinion. We do note, however, at the close of the Commonwealth's case, appellant moved to strike the Commonwealth's evidence regarding whether Flood Road, the road on which the reckless driving occurred, was a public or private road. The trial court denied this motion. At the close of all the evidence, appellant renewed the motion to strike based upon the discrepancy in the Commonwealth's proof that Flood Road was a “highway.” The parties then made their final arguments. The agreed upon statement of facts indicated: FN1 [For More information on Reckless Driving, check out virginiarecklessdriving.net.]

FN1.FN1. A statement of facts was submitted pursuant to Rule 5A:8(c).

The Commonwealth then argued its case concerning the credibility of the witnesses and the legal definition of a highway. Counsel for Mr. Frazier likewise reiterated his arguments concerning the discrepancy in the Commonwealth's proof of whether or not this was a highway within the definition of Virginia Code Ann. § 46.2-100 and the credibility of the witnesses.

The trial court found appellant guilty of reckless driving.