Virginia Reckless Driving Interstate 495 High Rate Speed Disregarding Police Signal Eighty Five Mile Per Hour 46.2-862 46.2-817

JOHN W. LYLES, JR. v. COMMONWEALTH OFto allow appellant to retain an attorney to protect his
VIRGINIAinterests. In fact, on July 7, appellant's counsel
COURT OF APPEALS OF VIRGINIArequested an additional continuance to have the trial
21 Va. App. 187heard on a date acceptable to his schedule. When the
Trooper Ingham pulled in front of appellant's car. Whentrial resumed on July 28, 1994, the same judge heard
asked why he failed to stop, appellantthe case who had initially heard it on June 16, 1994.
"responded that he was in a hurry to relieve theAppellant was not re-arraigned and did not enter pleas
doctor covering for him at the hospital." Appellant wasto the charges. The Commonwealth called Trooper
convicted for reckless driving and disregarding a policeIngham as its witness and continued with his testimony.
signal to stop, in violation of Va. Code § 46.2-852 andAdditionally, the court orders and statement of facts
46.2-817.show no contemporaneous objection by appellant to
Issue:the continuance. Under the facts of this case, we find
Whether the trial court erred in continuing the hearingno abuse of discretion in the trial court's granting of a
after jeopardy attached so that appellant could retaincontinuance from June 16, 1994 to July 7, 1994 to allow
an attorney?appellant to obtain counsel."
The court held that "the continuance in this case wasDisclaimer:
for the benefit of appellant rather than theThese summaries are provided by the SRIS Law
Commonwealth. Appellant does not contend that theGroup.  They represent the firm's unofficial views of
brief continuance prejudiced him in any way, and nothe Justices' opinions.  The original opinions should be
evidence in the record demonstrates prejudice. On theconsulted for their authoritative content.
contrary, the trial court continued the case specifically