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NORFOLK RECKLESS DRIVING LAWYERS DISCUSS TECHNICAL DEFENSES IN SPEED-RELATED CASES

Tony-Montagna    10 Best Award DUI 2015

With Anthony L. Montagna, III, you can be confident that you have an experienced, professional family, traffic and criminal attorney on your side. Anthony will fight to protect you and your family. He knows that every case is important to you, and he will battle for you in court.

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

Anthony graduated from Norfolk Academy in 1986.  After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics.  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.

As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law.  Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, personal injury, family law, DUI and traffic, security clearance, criminal, and corporation cases.

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 practiced law for over 21 years 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.

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 13 and attends Norfolk Academy.

MICROWAVE RADAR TECHNOLOGY

What is RADAR? It is an acronym for Radio Detection and Ranging Technologies.  When a police officer operates RADAR, he is using a device that emits a continuous wave that is unmodulated , and it registers reflections or “echoes” from vehicles that are moving.  When a vehicle travels, reflections occur that are frequency shifted.  Faster cars have greater frequency shifts.

Moving RADAR is more involved than stationary RADAR.Generally, the frequency reflection of the  target is shifted by the relative speed of the target vehicle and the moving RADAR.  To determine the target vehicle’s relative speed,  you add the target vehicle’s and police officer’s vehicle’s speeds that are being operated in opposite directions on the roadway or when the target vehicle and patrol car are being operated in the same direction, you determine the difference between the speed of the target vehicle and speed of the police car.

PROBLEMS WITH RADAR

  1. MOVING RADAR IN POLICE CAR SUDDENLY CHANGES SPEED
  2. Radio Frequency Interference
  3. Field disturbance Sensors
  4. Mechanical Interference
  5. Natural Interference
  6. Unintentional Forms of Radiation
  7. Operator Error
  8. Multiple Vehicles in the RADAR Beam

LASER TECHNOLOGY

LASER is an an acronym for Light Amplification by Stimulated Emissions of Radiation.  LADAR’s, Laser Detection and Ranging, and LIDAR’s, LIght Detection and Ranging, are different types of laser technology.  To measure the target range, the laser device transmits pulsed laser light.  Additionally, the laser device must be stationary.  A minimum of two pulses from the laser device must occur  with at least two range measurements to determine speed.  The change in target range equals the speed of the target vehicle.

PROBLEMS WITH LASER

  1. Accuracy
  2. Shooting the Laser through Glass
  3. Target Acceleration or Deceleration
  4. Conditions in the Atmosphere
  5. Variations in Range
  6. Operational Error

HOW TO CHALLENGE RADAR AND LASER RESULTS

  1. Hire an experienced lawyer familiar with LASER and RADAR technology
  2. Hire an expert witness

A+ RATED BY THE BETTER BUSINESS BUREAU

Anthony Montagna, III,  is A+ rated by the Better Business Bureau.   Many of our clients are locals, union workers, students, vacationers, and military men and women.  Our fees are reasonable, and we offer military, student, union, and senior discounts.  When you need an experienced and compassionate lawyer in for a reckless driving, DUI or any traffic violation, contact Anthony Montagna, a proven winner. Anthony will utilize his 21 years of experience in thinking “outside of the box” to achieve the most favorable disposition.

MILITARY WELCOME

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WHAT ARE RECKLESS DRIVING, IMPROPER DRIVING, RACING, AND AGGRESSIVE DRIVING?

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. patrons, or employees; or

XIII.  VA Code Ann. § 46.2-865.1

Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross,wanton and culpable as to show a reckless disregard for human life:

1. Causes serious bodily injury to another person who is not involved in the violation of §    46.2-865 is guilty of a Class 6 felony; or

2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

B.    Upon conviction, the court shall suspend the driver’s license of such person for a period of not  less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2-398.

XIV.     VA Code Ann. § 46.2-866

Any person, although not engaged in a race as defined in § 46.2-865, who aids or abets any such race shall be guilty of a Class 1 misdemeanor.

XV.    VA Code Ann. § 46.2-867

If the owner of a motor vehicle (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of § 46.2-865, (ii) is present in the vehicle which is being operated by another in violation of § 46.2-865, and knowingly consents to the racing, or (iii) is convicted of a violation of § 46.2-865.1, the vehicle shall be seized and shall be forfeited to the Commonwealth, and upon being condemned as forfeited in proceedings under Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, the proceeds of sale shall be disposed of according to law. Such sections shall apply mutatis mutandis.  The penalties imposed by these sections are in addition to any other penalty imposed by law.

XVI.  VA Cod.e Ann. § 46.2-868

A.    Every person convicted of reckless driving under the provisions of this article is guilty of a  Class 1 misdemeanor.

  1. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.
  2. The punishment for every person convicted of reckless driving under the provisions of this article  who, when he committed the offense, was in violation of § 46.2-1078.1 shall include a  mandatory minimum fine of $250.

XVII. VA Code Ann. § 46.2-868.1

A. A person is guilty of aggressive driving if (i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.

B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.

XVIII.   VA Code Ann. § 46.2-869

Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.

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