Portsmouth Reckless Driving Lawyers
Anthony Montagna, III, and his partners are preeminent Portsmouth reckless driving lawyers. As a Portsmouth reckless driving lawyer, who is familiar with the federal and state courts, Anthony knows how to obtain great court results in Portsmouth, Virginia. When you go to court in Portsmouth for a reckless driving, you need to understand that it requires the use of common sense, and it is important to hire a lawyer who practices in Portsmouth. Anthony and his partners at Montagna Klein Camden LLP know that it is important to fight for your clients in criminal and traffic matters. No case is too complex or too simple. When you may go to jail for a reckless driving charge in Portsmouth, Virginia, call the top Portsmouth reckless driving lawyers at Montagna Klein Camden LLP at 757-625-3500. Most of our clients are locals, union workers, students, vacationers, and military men and women. Our fees are reasonable, and we offer student, union, military, and senior discounts.
A+ RATED BY THE BETTER BUSINESS BUREAU
When you need an experienced and compassionate lawyer in Portsmouth for a reckless driving, DUI or any traffic violation, rely on your common sense in selecting an attorney. Successful Portsmouth reckless driving lawyers have experience, drive, compassion, and knowledge. When you hire Anthony Montagna, III, you will hire an attorney who has represented civilian and military personnel for over 21 years. Anthony is A+ rated by the Better Business Bureau.
The address for the Portsmouth General District Court and Circuit Court is 1345 Court Street, Portsmouth, Virginia 23705.
- Hon. Douglas B. Ottinger, Presiding Judge, Chief Judge
- Hon. Roxie O. Holder, Presiding Judge
- Hon. Morton V. Whitlow, Presiding Judge
The Portsmouth General District Court schedule is the following:
Traffic: Mon. - Thurs. Mon. - Thurs. 8:30 a.m., In Custody Arraignments Mon., Tues., Wed., & Thurs. 9:00 a.m., 11:00 a.m., & 2:00 p.m. - Trials Fri. 8:00 a.m.,Out of Custody Arraignments 8:30 a.m., TEC, DIP and In Custody Arraignments 9:00 a.m., ASAP Violations The presiding Judges in the Portsmouth Circuit Court are the following:
- Hon. Johnny E. Morrison, Presiding Judge, Chief Judge
- Hon. James C. Hawks, Presiding Judge
- Hon. Kenneth R. Melvin, Presiding Judge
- Hon. William S. Moore Jr.
If you seek information about your case in Portsmouth, please follow this link.
OVER 100 YEARS OF COMBINED LEGAL EXPERIENCE
WHAT IS RECKLESS 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.
When you are charged with reckless driving, it is important to be aware that you are 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 his partners. 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 Norfolk reckless driving lawyer, Anthony has the confidence and skill to negotiate on your behalf and to defend you on any traffic violation.
When you go to court, it is important to have a highly recommended and rated attorney, like Anthony. Although every case is different, no two cases are the same, and a result in one case does not guarantee the same result in every case, Anthony has obtained great results in Norfolk, Virginia Beach, Chesapeake and throughout Hampton Roads.
Some of Anthony’s great results are the following:
- Reckless driving, 112 mph in a 55 mph zone in Norfolk: REDUCED TO IMPROPER DRIVING, $250.00 fine
- Reckless driving in Norfolk: DISMISSED
- Reckless driving in Newport News: DISMISSED
- Reckless driving in Virginia Beach, 77 mph in a 55 mph zone, REDUCED TO SPEEDING
If you want great results in court, The Five commandments to follow are:
1. You only get one chance to make a good impression in court, so you should always dress well.
2. Hire a lawyer with experience and a proven track record. If you choose an incredibly inexpensive lawyer, you may get what you paid for.
3. Follow your lawyer’s advice, do what he tells you, and be responsible.
4. Do not be argumentative with the Court and the prosecutor. The Judge has been around the block and knows who is acting rudely.
5. If you are stopped by the police, understand that you have the right to remain silent, do provide your name, address, and date of birth, but do not answer questions.
If you follow these 5 simple rules, you will be amazed with your level of success in court. If you have questions about a reckless driving, DUI, or suspended license charge in Norfolk. Newport News, Portsmouth or any where in Hampton Roads, call Portsmouth reckless driving lawyers, Anthony Montagna and his partners, at 757-625-3500 and understand that you have fighters in your corner.