Traffic and DUI Defense

Anthony Montagna, III

• Winning Reckless Driving, Traffic, and DUI Cases Since 1993

• The Lawyer that People Contact When Experience Is Important

• Payment Plans

• Three Convenient Locations in Norfolk, Virginia Beach, and Newport News

• Discounts for Military, Students, Seniors, First Responders, Teachers and Union Workers

• Quoted in The Virginian Pilot

• Travelling Throughout Virginia to Defend You In Court

• Many Clients with Speeds Over 105 MPH or BAC’s Above .15

• Focusing His Practice on DUI, Reckless Driving, and Traffic Defense

• Your “Go to Lawyer” for Tough DUI and Reckless Driving Cases

• Over 140 Five Star Google Reviews

• The Lawyer That Other Lawyers Contact For Advice and Representation

• Representing Clients in Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk,  Southampton County, Northampton County, Hampton, Newport News, New Kent County, York County, Accomack County, and All of Virginia

• FOLLOW THIS LINK TO SEE SOME OF MY GOOGLE REVIEWS

MONTAGNA TRAFFIC DEFENSE LAW

• 125+ Years of Combined Legal Experience at the Firm

• Free Consultation

• Discounts for Military, First Responders, Students, Seniors and Union Workers 

• A Client First Law Firm

• Lifting You Up When You Are Down

Some of Anthony’s Results:

Although every case is different and the results of one case do not guarantee results in a different case, some of Anthony Montagna, III’s favorable results are the following:

1. Reckless driving, 131 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
2. Reckless driving, 131 mph in a 55 mph zone:  a small fine less than $500 and 2 active days in jail to serve with a delayed reporting to a weekend two and a half weeks later
3. Reckless driving, 146 in a 55 mph zone, small fine and ONLY 5 days to serve on weekends
4. DUI and Reckless Driving with a B.A.C. of .09 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION 
5. DUI with a B.A.C. of .24: DISMISSED
6. DUI and Refusal:  Refusal Nolle Prosequi  (Dismissed without prejudice), DUI amended to Reckless Driving
7. Reckless driving, 141 in a 55 mph zone, small fine and ONLY 5 days to serve on weekends
8. Client charged with DUI (Drugs):  GUILTY OF RECKLESS DRIVING
9. Client charged with DUI: GUILTY OF RECKLESS DRIVING
10. Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED
11. Client charged with DUI and Refusal:  Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance (REFUSAL CHARGE DISMISSED)
12. Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED
13. DUI-Second Offense:  Client guilty of DUI-First Offense, no active jail time
14. Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED
15. Client charged with DUI-First Offense.  Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail.  ALL JAIL TIME SUSPENDED.
16. Reckless driving, 131 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
17. Reckless driving, 118 mph in a 55 mph zone:  REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
18. Reckless driving, 112 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, $250.00 fine
19. Reckless driving, 112 mph in a 55 mph zone: DISMISSED
20. Reckless driving, Racing:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
21. Reckless driving, 110 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, $350.00 fine
22. Reckless driving, 110 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, $500.00 fine
23. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
24. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
25. Reckless driving, 108 mph in a 55 mph zone: REDUCED TO SPEEDING
26. Reckless driving, 107 mph in a 55 mph zone: REDUCED TO SPEEDING
27. Reckless driving, 107 mph in a 65 mph zone: DISMISSED
28. Reckless driving, 107 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
29. Reckless driving, 106 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
30. Reckless driving, 106 mph in a 55 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME OR LICENSE SUSPENSION
31. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
32. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
33. Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
34. Reckless driving passing a school bus: DISMISSED
35. Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: DISMISSED
36. Reckless driving, 102 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
37. Reckless driving, 102 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
38. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
39. Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME
40. Reckless driving, 102 mph in a 60 mph zone: DISMISSED
41. Reckless driving, 101 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
42. Reckless driving where client’s vehicle ran off road, flipped over a number of times, hit trees, ultimately hit a house off the road, and where the police office believed client drove his vehicle over 90 mph: DISMISSED
43. Reckless driving, client driving a motorcycle at a high rate of speed on the interstate with sudden lane change and driving between vehicles: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
44. Reckless driving, 98 mph in a 60 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
45. Reckless driving, 97 mph in a 60 mph zone: DISMISSED
46. Reckless driving, 97 mph in a 55 mph zone: REDUCED TO SPEEDING
47. Reckless driving, 97 mph in a 60 mph zone: REDUCED TO SPEEDING
48. Reckless driving, 96 mph in a 60 mph zone: REDUCED TO SPEEDING
49. Reckless driving, 96 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
50. Reckless driving, 96 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
51. Reckless driving, 95 mph in a 65 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
52. Reckless driving, 95 mph in a 55 mph zone: DISMISSED
53. Reckless driving, 95 mph in a 55 mph zone: REDUCED TO SPEEDING
54. Reckless driving, 95 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
55. Reckless driving, 94 mph in a 65 mph zone: REDUCED TO SPEEDING
56. Reckless driving, 94 mph in a 55 mph zone: DISMISSED
57. Reckless driving, 93 mph in a 65 mph zone: REDUCED TO SPEEDING, 19 miles over the limit
58. Reckless driving, 93 mph in a 55 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
59. Reckless driving 92 mph in a 55 mph zone: DISMISSED
60. Reckless driving 92 mph in a 60 mph zone: DISMISSED
61. Reckless driving, 92 mph in a 65 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION 
62. Reckless driving, 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
63. Reckless driving, 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
64. Reckless driving, 91 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
65. Reckless driving, 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
66. Reckless driving, 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
67. Reckless driving 90 mph in a 55 mph zone: REDUCED TO SPEEDING
68. Reckless driving, 90 mph in a 55 mph zone: REDUCED TO SPEEDING
69. Reckless driving, 90 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
70. Reckless driving 90 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
71. Reckless driving 89 mph in a 55 mph zone: REDUCED TO SPEEDING
72. Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
73. Reckless driving 86 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING
74. Reckless driving, 86 mph in a 55 mph zone: REDUCED TO SPEEDING
75. Reckless driving, 86 mph in a 45 mph zone: REDUCED TO SPEEDING
76. Reckless driving, 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
77. Reckless driving, 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
78. Reckless driving, 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
79. Reckless driving, 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
80. Reckless driving, 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
81. Reckless driving, 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
82. Reckless driving, 80 mph in a 45 mph zone: DISMISSED
83. Reckless driving, 80 mph in a 55 mph zone: DISMISSED
84. Reckless driving, 80 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
85. Reckless driving, 79 mph in a 55 mph zone, REDUCED TO SPEEDING
86. Reckless driving, 77 mph in a 55 mph zone, REDUCED TO SPEEDING
87. Reckless driving, 77 mph in a 55 mph zone, DISMISSED
88. Reckless driving 76 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
89. Reckless driving 76 mph in a 55 mph zone: DISMISSED
90. Reckless driving, 74 mph in a 35 mph zone: DISMISSED
91. Reckless driving, 64 mph in a 35 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
92. Reckless driving, 62 mph in a 35 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
93. Reckless driving, 53 mph in a 25 mph zone: DISMISSED
94. Reckless driving, 50 mph in a 25 mph zone: REDUCED TO SPEEDING
95. Reckless driving: REDUCED TO SPEEDING, 19 MILES OVER THE SPEED LIMIT
96. Fifth Offense Drive on Suspended/Revoked License: DISMISSED
97. Drive on Suspended/Revoked License: DISMISSED
98. Drive on Suspended/Revoked License: DISMISSED
99. Drive on Suspended/Revoked License: DISMISSED

Three Convenient Locations:

Norfolk, VA:

425 Monticello Avenue, Suite A,
Norfolk, VA 23510

757-625-3500

Newport News, VA:

4302 Huntington Avenue, Suite A
Newport News, VA 23607

757-625-3500 or 757-622-8173

Virginia Beach, VA:

One Columbus Center, Ste. 600, PMB 025
Virginia Beach, VA 23462

757-625-3500 or 757-622-6851

Contact Anthony Montagna, III When Experience Matters

When you want to hire an experienced traffic and DUI defense lawyer, Anthony L. Montagna, III gives you confidence that you have an experienced, professional  traffic and DUI  defense attorney on your side. Anthony will fight to protect you and your family. He knows that your case is important to you, and he will battle for you in court.

Top DUI lawyers belong to reputable organizations and need to be highly rated in the community. Anthony is a member of the American Association of Premier DUI Attorneys.  This organization allows Anthony access to successful defense strategies and information utilized by attorneys across the country.  Anthony is also listed as one of the three best DUI attorneys in Norfolk, Virginia with ThreeBestRated.com.

What Some Clients Say about Anthony Montagna, III

• “Best traffic lawyer in the state of Virginia”
• “I am not a current client of Mr. Montagna, however I can say that he is not only a great lawyer, but a great person. He spent a lot of time with me discussing my reckless driving case and was patient in answering my questions, giving his opinion and advice and even giving me additional tips to help with my case. He definitely went above and beyond and I would recommend him to anyone looking for representation.”
• “I would like to thank Mr. Anthony Montagna for all that he did for me. It was a pleasure working with him. He truly values and loves his clients. I like the fact that he keeps in communication with his clients. I had a reckless driving ticket that was reduced to improper driving. He is an excellent lawyer and knows exactly what he is doing in his expertise. I highly, highly recommend him to anyone.”
• “Thanks to Mr. Anthony Montagna and his team for getting my case dismissed today. I really appreciate it”
• “If I could give 6 stars I would! Mr. Montagna was the attorney we needed for the traffic violation! Our case was dismissed in under a minute and I thank God and Mr. Montagna for representing us!”
• “Mr. Montagna prepared me perfectly for my reckless driving ticket which was 68 in a 45. Mr. Montagna was the best prepared attorney in the courtroom. I followed his instructions and was able to pay court costs and the case was dismissed. Whenever I had a question he was there to assist. Well worth the money spent..”
• “I had a reckless driving case today doing 95 in a 60 and added with unsafe lane change. He helped me walk out with a $100 fine before court costs. I highly recommend Mr. Montagna to be your lawyer and I highly recommend you do the stuff he requests you do to. It’ll help you out a lot. I would hire him again in a heart beat. Thank you Mr. Anthony Montagna for helping me with my reckless driving case”
• “Anthony Montagna is absolutely one of the best if not THE BEST lawyer for reckless driving, I chose him because he had great reviews and when we sat down and talked he showed me all that I needed to get done and showed that he cared. He is very concise and aggressive and represents you in the best way possible. I had a reckless driving ticket from going 92/65 and he got it dropped to a defective equipment violation. He represented me in the very best way possible and was very quick and informative about the whole process. I wish I could give more stars, if you have a reckless driving charge, this is the guy.”
• “Mr. Montagna represented me today and achieved the best possible outcome….dismissal of charges! My case was Reckless Driving (91 in a 65) along I-64. As a military service member and VA non-resident, I was unaware of the seriousness of a RD charge (class I misdemeanor punishable by up to 1 yr in jail and $2500 fine). Following charges I consulted with 4 different lawyers and decided to go with Anthony because of his approach during our consult. He emphasized the seriousness of the charge, made no guarantees regarding an outcome, and described to me in detail what our defense strategy should be on the day in court. He outlined a series of tasks I should complete prior to the court appearance that would give me the best possible chance at a favorable outcome. I quickly related with his candor and demeanor, and felt early in our consult the comfort in a lawyer that I was looking for. I followed his recommendations to the detail and went well above the community service hours he initially recommended (when it comes to community service, clearly more is better)! Mr. Montagna and his staff were extremely responsive whenever I had questions! I think I appreciated that part the most because this entire situation proved rather stressful considering I had absolutely no experience with the judicial system before this experience. His performance in court was just as impressive! He presented my defense with calm and poise. He guided me through a line of questioning before the Judge that displayed that I both took the charges seriously and worked hard to atone. The experience overall was rather humbling, and I appreciate greatly Anthony’s representation throughout!! If you find yourself in a bind, you’d do well to give Mr. Montagna a call!”
• “Anthony Montagna was a huge help, He took his time and spoke personally with me on my case and he got me the best results on my case. I highly recommend!!”

Areas We Serve:

• NORFOLK
• NEWPORT NEWS
• HAMPTON
• VIRGINIA BEACH
• CHESAPEAKE
• SUFFOLK
• NEW KENT COUNTY
• WILLIAMSBURG/JAMES CITY COUNTY
• YORK COUNTY
• ISLE OF WIGHT COUNTY
• SOUTHAMPTON COUNTY
• ACCOMACK COUNTY
• NORTHAMPTON COUNTY
• PORTSMOUTH
• RICHMOND
• NORTHERN VIRGINIA
• EMPORIA
• SURRY COUNTY
• SUSSEX COUNTY
• PETERSBURG
• HENRICO COUNTY
• GLOUCESTER COUNTY

Bio of Anthony Montagna, III:

Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, he and his family moved to Norfolk, Virginia, his father’s home town.

Anthony graduated from Norfolk Academy in Norfolk, VA in 1986.  After graduation, he attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics.  At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List.

After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993. Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C. in Norfolk, VA.

In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family.  He particularly enjoys spending time with his daughter, Phoebe, who is 20 and attends Hollins University.

Son of a Captain, USNR:

As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to ensure you get the results that you want. He has been involved in the law since 1993 and is well known for his knowledge of the law and familiarity with the judges in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads, VA.

Commitment To Clients:

“Practicing law since 1993, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed  to providing my clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”

Thousands of Clients Provided a Top Notch Traffic or DUI Defense

Anthony Montagna, III is experienced in traffic, DUI, and criminal defense, and has represented thousands of clients for  traffic, DUI, and criminal charges.  Anthony and the lawyers at the firm  are conveniently located near the courthouses in Norfolk and Newport News, Virginia. In Virginia Beach, Anthony’s office is located in Town Center. 

Our attorneys have over 175 years of combined legal experience. Anthony is dedicated to providing you the best traffic, DUI and criminal defense.  

Anthony Montagna, III is tough as nails.  Anthony will  vigorously defend you  you to the fullest extent of the law and provide you with advice that you can trust. When you need a fighter as your DUI, traffic or criminal, call Anthony today at 757-625-3500, 757-622-8173, and 758-622-8056.

Three Reasons To Select Anthony Montagna, III When Looking For a Traffic or DUI Defense Lawyer:

Reckless Driving, Traffic, and DUI Representation

We provide aggressive and dedicated  defenses for traffic charges charges related to DUI, reckless driving, and other traffic violations. (Read More…)  If you are curious as to the VA DMV points system for traffic violations, you may wish to FOLLOW THIS LINK.   At the VA DMV website, individuals can learn how many points are associated with their moving violations.

DUI in Virginia

What are the intoxicated related offenses? Driving While intoxicated Section 18.2-266 Five ways to convict:

1. While a person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided under Article
2. While under the influence of alcohol
3. While under the influence of any narcotic or self administered intoxicant or drug to which it impairs the person’s ability to drive safely.
4. While a person is under the combined influence of alcohol and drugs that impairs his ability to operate a motor vehicle.
5. While such a person has a blood concentration of any of the following substances at a level that is equal to or greater than 0.02 milligrams of cocaine per liter of blood, 0.1 milligrams of methamphetamine per liter of blood, 0.01 milligrams of phencyclidine per liter of blood, or 0.1 milligrams of 3,4 methylenedioxymethamphetamine per liter of blood.

First Offense

• A class I misdemeanor, up to 12 months in jail and a $2500.00 fine, with a mandatory minimum fine of $250.00. If the defendant’s BAC is at least .15 but less than .20, the defendant must serve a mandatory minimum sentence of five days. If the BAC is .20 or higher, the defendant must serve a mandatory minimum 10 day jail sentence.
• Defendant must complete Virginia Alcohol Safety Action Program (ASAP), if ordered.
• Suspension of driver’s license for 12 months, with court discretion for a restricted driver’s license.
• If the BAC was .15 or more, installation of an ignition interlock system is mandated for a minimum of six months on any vehicle registered to or owned by the defendant.

Second Offense:

• Within 5 years: a Class I misdemeanor and a mandatory minimum fine of $500 and a jail sentence not less than one month, with a mandatory minimum jail sentence of 20 days; if the BAC is greater than .15 but less than .20, an additional 10 days is added to the mandatory minimum sentence; if the BAC is .20 or greater, the additional mandatory jail sentence is 20 days.
• Within 5 to 10 years: a Class I misdemeanor and a mandatory minimum fine of $500.00 and a jail sentence of not less than one month with a mandatory minimum jail sentence of 10 days; if the BAC is greater than .15 but less than .20, the defendant must serve an additional mandatory jail sentence of 10 days and the total mandatory fine is $1000.00; if the BAC is .20 or greater, the defendant must serve an additional mandatory jail sentence of 20 days and the total mandatory fine is $1000.00.
• Driver’s license suspended for three years.
• Restricted license may be obtained after four months, if second offense occurred between 5 and 10 years ago.
• Restricted license may be obtained after 1 year if second offense is within 5 years.
• All restricted licenses require ignition interlock system for a period of time not to exceed the period of license suspension and restriction, but not less than 6 months.

Third Offense within 10 years:

• A Class VI felony, up to 5 years in the penitentiary and a $2,500.00 fine
• If third offense is within 5 years, mandatory minimum $1,000.00 fine and mandatory minimum jail sentence of 6 months.
• Mandatory minimum jail sentence of 90 days, if not within 5 years.
• Indefinite license suspension.

Fourth or Subsequent Offense within 10 years:

• Class VI felony, mandatory minimum sentence of 1 year and $1,000.00 fine.

What are field sobriety tests? They are used to assist officers in evaluating whether an individual is impaired. The most common field tests are: Horizontal Gaze Nystagmus (HGN), nose touch, alphabet, one leg stand, walk and turn, and preliminary breath test (PBT).

1. HGN: measures involuntary jerking of eyes.
2. Nose touch: touching nose with finger.
3. Alphabet: reciting alphabet from A to Z or from any letter to another, without singing.
4. Standing on one foot with other foot raised six inches off the ground for 30 seconds.
5. Walk and turn: walking nine steps, up and back, on a real or imaginary line.
6. PBT: not admissible at trial, but may be offered at suppression hearings to justify probable cause; a small hand held breath testing device.

The police officer never told me of my rights, is that Ok? A police officer is not required to mirandize everyone. An individual must only be advised of his rights if he is in custody. Generally, a police officer does not need to advise an individual of his rights if he is stopped only for an investigative detention. However, the police officer must have stopped the individual based on a reasonable, articulable suspicion. I was charged with driving on a suspended license, what do I do?

1. Obtain a copy of DMV record, pay off all fines and reinstatement fees, and have valid license with you in court.
2. Talk with an attorney to determine if the officer had a reasonable basis to stop you.

What is implied consent? If you drive a motor vehicle on a highway, as defined in the code, that you agree to submit to the breathalyzer or blood test to determine the presence of alcohol or drugs. § 18.2-268.2 (Implied consent to post-arrest testing to determine drug or alcohol content of blood):

• Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of §l8.2-266, 18.2-266.1, or subsection B of §18.2-272 or of a similar ordinance within three hours of the alleged offense.
• Any person so arrested for a violation of clause (i) or (ii) of §18.2- 266 or both, §48.2-266.1 or subsection B of §18.2-272 or of similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
• A person, after having been arrested for a violation of clause (iii), (iv), or (v) of §18.2-266 or § 18.2-266.1 or subsection B of 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of §18.2-266(i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

Examples Of Reckless Driving In Virginia

I. VA Code Ann. § 46.2-852

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

 II. VA Code Ann. § 46.2-853

A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

III. VA Code Ann. § 46.2-854

A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

 IV. VA Code Ann. § 46.2-855

A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.

V. VA Code Ann. § 46.2-856

A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

VI. VA Code Ann. § 46.2-857

A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.

VII. VA Code Ann. § 46.2-858

A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

VIII. VA Code Ann. § 46.2-859

A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.

IX. VA Code Ann. § 46.2-860

A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.

X. VA Code Ann. § 46.2-861

A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

XI. VA Code Ann. § 46.2-862

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

XII. VA Code Ann. § 46.2-863

A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

 XIII. VA Code Ann. § 46.2-864

A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or

2. On the premises of any industrial establishment providing parking space for customers,

3. On any highway under construction or not yet open to the public.

When you are charged with reckless driving, it is important to be aware that you are  generally facing a class one misdemeanor, which involves up to 12 months in jail and a $2,500.00 fine.  It is always important to hire a highly skilled and successful lawyer like Anthony Montagna, III or any of the lawyers at Montagna Traffic Law.  Anthony routinely obtains great results, when representing an individual charged with reckless driving, speeding, driving on a suspended operator’s license, DUI, or any other traffic offense in Norfolk, Newport News, Virginia Beach or any where in Hampton Roads.  As a reckless driving lawyer, Anthony has the confidence and skill to negotiate on your behalf and to defend you on any traffic violation.

Driving On A Suspended License In Virginia

I. 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked

A. In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked for (i) a violation of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person’s license has been administratively suspended under the provisions of § 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.

B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. A clerk’s notice of suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.

C. A violation of subsection B is a Class 1 misdemeanor. A third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency which requires such operation to save life or limb.

D. Upon a violation of subsection B, the court shall suspend the person’s license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person’s license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired.

E. Any person who is otherwise eligible for a restricted license may petition each court that suspended his license pursuant to subsection D for authorization for a restricted license, provided that the period of time for which the license was suspended by the court pursuant to subsection D, if measured from the date of conviction, has expired, even though the suspension itself has not expired. A court may, for good cause shown, authorize the Department of Motor Vehicles to issue a restricted license for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license shall be issued unless each court that issued a suspension of the person’s license pursuant to subsection D authorizes the Department to issue a restricted license. Any restricted license issued pursuant to this subsection shall be in effect until the expiration of any and all suspensions issued pursuant to subsection D, except that it shall automatically terminate upon the expiration, cancellation, suspension, or revocation of the person’s license or privilege to drive for any other cause. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle as defined in the Commercial Driver’s License Act (§ 46.2-341.1 et seq.). The court shall forward to the Commissioner a copy of its authorization entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court shall also provide a copy of its authorization to the person, who may not operate a motor vehicle until receipt from the Commissioner of a restricted license. A copy of the restricted license issued by the Commissioner shall be carried at all times while operating a motor vehicle.

F. Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272.

II.  § 46.2-301.1. Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one’s vehicle

A. The motor vehicle being driven by any person (i) whose driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under the influence in violation of § 18.2-266, 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction; (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person’s license has been administratively suspended under the provisions of § 46.2-391.2; (iii) driving after such person’s driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or a substantially similar ordinance or law in any other jurisdiction; or (iv) driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be impounded or immobilized by the arresting law-enforcement officer at the time the person is arrested for driving after his driver’s license, learner’s permit or privilege to drive has been so revoked or suspended or for driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction. The impoundment or immobilization for a violation of clauses (i) through (iii) shall be for a period of 30 days. The period of impoundment or immobilization for a violation of clause (iv) shall be until the offender obtains a valid operator’s license pursuant to § 46.2-300 or three days, whichever is less. In the event that the offender obtains a valid operator’s license at any time during the three-day impoundment period and presents such license to the court, the court shall authorize the release of the vehicle upon payment of all reasonable costs of impoundment or immobilization to the person holding the vehicle.

The provisions of this section as to the offense described in clause (iv) of this subsection shall not apply to a person who drives a motor vehicle with no operator’s license (i) whose license has been expired for less than one year prior to the offense or (ii) who is under 18 years of age at the time of the offense. The arresting officer, acting on behalf of the Commonwealth, shall serve notice of the impoundment upon the arrested person. The notice shall include information on the person’s right to petition for review of the impoundment pursuant to subsection B. A copy of the notice of impoundment shall be delivered to the magistrate and thereafter promptly forwarded to the clerk of the general district court of the jurisdiction where the arrest was made. Transmission of the notice may be by electronic means.

At least five days prior to the expiration of the period of impoundment imposed pursuant to this section or § 46.2-301, the clerk shall provide the offender with information on the location of the motor vehicle and how and when the vehicle will be released; however, for a violation of clause (iv) above, such information shall be provided at the time of arrest.

All reasonable costs of impoundment or immobilization, including removal and storage expenses, shall be paid by the offender prior to the release of his motor vehicle. Notwithstanding the above, where the arresting law-enforcement officer discovers that the vehicle was being rented or leased from a vehicle renting or leasing company, the officer shall not impound the vehicle or continue the impoundment but shall notify the rental or leasing company that the vehicle is available for pickup and shall notify the clerk if the clerk has previously been notified of the impoundment.

B. Any driver who is the owner of the motor vehicle that is impounded or immobilized under subsection A may, during the period of the impoundment, petition the general district court of the jurisdiction in which the arrest was made to review that impoundment. The court shall review the impoundment within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting law-enforcement officer did not have probable cause for the arrest, or that the magistrate did not have probable cause to issue the warrant, the court shall rescind the impoundment. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs paid or incurred by him. Otherwise, the court shall affirm the impoundment. If the person requesting the review fails to appear without just cause, his right to review shall be waived.

The court’s findings are without prejudice to the person contesting the impoundment or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.

C. The owner or co-owner of any motor vehicle impounded or immobilized under subsection A who was not the driver at the time of the violation may petition the general district court in the jurisdiction where the violation occurred for the release of his motor vehicle. The motor vehicle shall be released if the owner or co-owner proves by a preponderance of the evidence that he (i) did not know that the offender’s driver’s license was suspended or revoked when he authorized the offender to drive such motor vehicle; (ii) did not know that the offender had no operator’s license and that the operator had been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction when he authorized the offender to drive such motor vehicle; or (iii) did not consent to the operation of the motor vehicle by the offender. If the owner proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is impounded or immobilized for the period of impoundment that otherwise would be imposed pursuant to this section, the court, in its discretion, may release the vehicle after some period of less than such impoundment period.

D. Notwithstanding any provision of this section, a subsequent dismissal or acquittal of the charge of driving without an operator’s license or of driving on a suspended or revoked license shall result in an immediate rescission of the impoundment or immobilization provided in subsection A. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs, incurred or paid by him.

E. Any person who knowingly authorizes the operation of a motor vehicle by (i) a person he knows has had his driver’s license, learner’s permit or privilege to drive a motor vehicle suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator’s license and who he knows has been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be guilty of a Class 1 misdemeanor.

F. Notwithstanding the provisions of this section or § 46.2-301, nothing in this section shall impede or infringe upon a valid lienholder’s rights to cure a default under an existing security agreement. Furthermore, such lienholder shall not be liable for any cost of impoundment or immobilization, including removal or storage expenses which may accrue pursuant to the provisions of this section or § 46.2-301. In the event a lienholder repossesses or removes a vehicle from storage pursuant to an existing security agreement, the Commonwealth shall pay all reasonable costs of impoundment or immobilization, including removal and storage expenses, to any person or entity providing such services to the Commonwealth, except to the extent such costs or expenses have already been paid by the offender to such person or entity. Such payment shall be made within seven calendar days after a request is made by such person or entity to the Commonwealth for payment. Nothing herein, however, shall relieve the offender from liability to the Commonwealth for reimbursement or payment of all such reasonable costs and expenses.

III. § 46.2-302. Driving while restoration of license is contingent on furnishing proof of financial responsibility

No resident or nonresident (i) whose driver’s license or learner’s permit has been suspended or revoked by any court or by the Commissioner or by operation of law, pursuant to the provisions of this title or of § 18.2-271, or who has been disqualified pursuant to the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.), or (ii) who has been forbidden as prescribed by law by the Commissioner, the State Corporation Commission, the Commissioner of Highways, or the Superintendent of State Police, to drive a motor vehicle in the Commonwealth shall drive any motor vehicle in the Commonwealth during any period wherein the restoration of license or privilege is contingent upon the furnishing of proof of financial responsibility, unless he has given proof of financial responsibility in the manner provided in Article 15 (§ 46.2-435 et seq.) of Chapter 3 of this title. Any person who drives a motor vehicle on the roads of the Commonwealth and has furnished proof of financial responsibility but who has failed to pay a reinstatement fee, shall be tried under § 46.2-300.

A first offense violation of this section shall constitute a Class 2 misdemeanor. A second or subsequent violation of this section shall constitute a Class 1 misdemeanor.

Traffic Offenses In Virginia

When you receive a summons for a moving violation, you should hire an experienced traffic lawyer like Anthony Montagna, III.  Some of the traffic offenses handled by Anthony Montagna, III:

• SPEEDING
• RACING
• RECKLESS DRIVING
• DUI
• REFUSAL RO SUBMIT TO AKCOHOL TESTING
• HIT AND RUN
• FAILURE TO OBEY A HIGHWAY SIGN
• DISREGARDING A TRAFFIC SIGNAL
• IMPROPER LANE CHANGE
• FOLLOWING TOO CLOSE
• AGGRESSIVE DRIVING
• DRIVING ON A SUSPENDED OR REVOKED LICENSE

Military Welcome

Union Workers Welcome

Contact Anthony Montagna

When you are ready to hire an attorney or for information, contact the experienced attorneys at Anthony Montagna for a free initial consultation at 757-625-3500.  Anthony L. Montagna, III will provide the best traffic, DUI  or criminal defense available under the law.