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statement that the other vehicle was on his side of the road; despite Konick’s contention that photographs of the two-car collision were misleading; despite arguments Wallace’s offense was not severe enough to merit a recklessdriving change.
According to Konkk, Wallace said he was driving-on the Shade Road in Rappahannock County when he glanced away momentarily to light a cigarette. When he looked up he saw a vehicle beloning to Anthony and Brenda Jenkins in. his path and was unable to avoid the head-on collision.
State Trooper Harry Newlin testified that he arrived at the scene about dusk of June 10 and found the Jenkins vehicle almost completely on the shoulder of their lane and the Wallace vehicle crossways in the center of the road. Newlin said that he called ambulances for aD involved; Wallace was taken to Culpeper Hospital and left the hospital while awaiting treatment.
Newlin said he later heard a call for an ambulance from Wallace at a phone booth; met the man at the hospital and charged him with reckless driving.
Newlin produced photographs that showed the position of the cars immediately following the collision. Koiriek objected to the photo*, which ..showed the vehicles in the position4e- scribed by NmrfBnj; bn the grounds that they were over-exposed and therefore misleading. His objection, made twice, was overruled both times by Judge John Alexander.
Anthony Jenkins testified that he had gotten over as far as he could on the shoulder but was still unable to avoid the collision. He said that both vehicles were going between 40 and 50 miles an hour.
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