Phillips v. Commonwealth

FITZPATRICK, Judge.

On May 9, 1996, James L. Phillips, a police officer, was convicted in a bench trial of reckless driving in violation of Code § 46.2-852. On appeal, Phillips (appellant) contends that the trial court erred in (1) failing to apply a “reasonable officer” standard of care to determine his guilt, and (2) finding the evidence sufficient to convict. For the reasons that follow, we affirm the judgment of the trial court.

I. BACKGROUND

On March 1, 1996, Dennis Dew (Dew) was driving north on Route 220 in Botetourt County. Route 220 is a two-lane road, and the lanes are separated by a…