Commonwealth v. Callahan

By JUDGE WILLIAM W. SWEENEY

The accused was charged with reckless driving by speeding in excess of 90 miles per hour in a 55 mile zone. The usual type of stationery radar was used. Under Section 46.1-190(1) of the Code of Virginia, speed in excess of 20 or more miles per hour over the speed limit or speed in excess of 80 miles per hour constitutes reckless driving. He was tried before a jury which found him guilty of the lesser included offense of improper driving (Sec. 46.1-192.2) and fined him $200.00. Motion to set aside the verdict was made on the grounds that there was no evidence that…