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TRAFFIC VIOLATION LAWYERS

TRAFFIC VIOLATION LAWYERS

Anthony Montagna is one of the top traffic violation lawyers in Virginia

THOUSANDS OF SATISFIED CLIENTS

OVER 150 YEARS OF COMBINED LEGAL EXPERIENCE

757-625-3500

With Anthony L. Montagna, III, one of the best TRAFFIC VIOLATION LAWYERS, 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 traffic violation case is important to you, and he will battle for you in court. Anthony and his partners have had thousands of satisfied clients over the years and over 150 years of combined legal experience.

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.  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.

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 14 and attends Norfolk Academy.

                            “With more than 23 years of experience, 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.”

In addition to representing individuals who were seriously injured as the result of the negligence of others, Anthony has successfully defended individuals charged with serious criminal and traffic offenses. He has represented men and women dealing with contested and uncontested divorce, custody, and support issues. Anthony is driven to succeed and prides himself on his extensive preparatory research – vital to a favorable verdict.

Anthony strives to answer all questions, to provide regular updates and return all phone calls. If you want an attorney who will think outside of the box, make your case a priority and work hard for you, Anthony is the attorney for you.

AREAS OF PRACTICE:

Traffic Offenses and DUI
Criminal Defense
Custody
Child and Spousal Support
Uncontested Divorce  and Contested Divorce

A PREEMINENT TRAFFIC DEFENSE LAWYER

Anthony Montagna, III is one of the preeminent NorfolkTraffic Defense Lawyers.  He represents students, local, vacationers, and military service men and women in Norfolk, Virginia Beach, Hampton, Suffolk, Newport News, WilliamsburgJames City County, Accomack County, Northampton County, Portsmouth, York County, New Kent County, Isle of Wight and Southampton County, VA.  He has practiced law for close to 24 years.  During Anthony’s legal career, he has handled many simple and complex traffic cases.  Anthony is particularly skilled in the defense of DUIreckless drivingsuspended operator license, speeding, following too close, improper lane change, aggressive driving, hit and run, and habitual offender charges.  When you need one of the best traffic lawyers in Norfolk, Virginia Beach, Hampton, Suffolk, Newport News, Accomack County, Northampton County, Portsmouth, York County, New Kent County, Isle of Wight and Southampton County, VA , call Anthony Montagna, III.

FREE CONSULTATION

When you meet Anthony Montagna for the first time at your free initial consultation, you will know immediately that he cares about you and your case.  Anthony will explain the elements and the penalty for your charge and explain your reasonable fee and payment plan.  Most importantly, Anthony will talk about becoming your family lawyer and developing a relationship with you for future representation if the need ever develops.

MILITARY WELCOME

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UNION WORKERS WELCOME

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Anthony Montagna prides himself in giving back to our brave military men and women.  Anthony offers a military discount and encourages his military clients to recommend his services to their friends and family.  Anthony would be pleased to assist you with your legal needs when you are searching for one of the best TRAFFIC VIOLATION LAWYERS.

A+ RATED BY THE BETTER BUSINESS BUREAU

Anthony is A+ rated by the Better Business Bureau.  As one of the most experienced Traffic Defense Lawyers, Anthony will carefully prepare the best defense for your traffic violation.  He knows how to approach the officers to find out as much information about your case and to file motions for discovery.  Additionally, Anthony will advise you of the steps to take to obtain your license if you are charged with driving on a suspended license.

CITIES AND COUNTIES WHERE OUR TRAFFIC VIOLATION LAWYERS PRACTICE:

  • NORFOLK
  • VIRGINIA BEACH
  • NEWPORT NEWS
  • HAMPTON
  • SUFFOLK
  • CHESAPEAKE
  • SOUTHAMPTON COUNTY
  • ISLE OF WIGHT COUNTY
  • YORK COUNTY
  • NEW KENT COUNTY
  • ACCOMACK COUNTY
  • NORTHAMPTON COUNTY (EASTVILLE)
  • WILLIAMSBURG/JAMES CITY COUNTY

TRAFFIC CASES HANDLED BY ANTHONY MONTAGNA

SOME REGULATION OF TRAFFIC STATUTES IN VIRGINIA

§ 46.2-800
Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, or mopeds; riding or driving animals
§ 46.2-800.1
Riding animals on highways after sunset
§ 46.2-800.2
Operation of off-road recreational vehicles in localities embraced by the Southwest Regional Recreation Authority
§ 46.2-800.3
Driving in flooded areas prohibited
§ 46.2-801
Chapter applicable to drivers of all vehicles regardless of ownership
§ 46.2-802
Drive on right side of highways; penalty
§ 46.2-803
Keep to the right in crossing intersections or railroads
§ 46.2-803.1
Commercial motor vehicles limited to use of certain lanes of certain interstate highways
§ 46.2-804
Special regulations applicable on highways laned for traffic; penalty
§ 46.2-805
Lane-use control signals
§ 46.2-806
One-way roadways and highways
§ 46.2-807
Path of travel at circular intersections
§ 46.2-808
Commonwealth Transportation Board may prohibit certain uses of controlled access highways; penalty
§ 46.2-808.1
Use of crossovers on controlled access highways; penalty
§ 46.2-809
Regulation of truck traffic on primary and secondary highways
§ 46.2-809.1
Regulation of residential cut-through traffic by Board
§ 46.2-810
Age limits for drivers of public passenger-carrying vehicles
§ 46.2-810.1
Smoking in vehicle with a minor present; civil penalty
§ 46.2-811
Coasting prohibited
§ 46.2-812
Driving more than thirteen hours in twenty-four prohibited
§ 46.2-813
Occupation of trailer being towed on highways
§ 46.2-814
Driving through safety zone prohibited
§ 46.2-815
Hauling certain cargoes through tunnels in violation of posted signs; penalty
§ 46.2-816
Following too closely
§ 46.2-817
Disregarding signal by law-enforcement officer to stop; eluding police; penalties
§ 46.2-818
Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties
§ 46.2-818.1
Opening and closing motor vehicle doors; penalty
    • Article 1.1. Toll Violations and EnforcementRead all
§ 46.2-819
Use of toll facility without payment of toll; circumstances to be considered in assessing penalty
§ 46.2-819.1
Installation and use of photo-monitoring system or automatic vehicle identification system in conjunction with electronic or manual toll facilities; penalty
§ 46.2-819.2
Driving a motor vehicle from establishment where motor fuel offered for sale; suspension of license; penalty
§ 46.2-819.3
Use of toll facility without payment of toll; enforcement; penalty
§ 46.2-819.3:1
Installation and use of video-monitoring system and automatic vehicle identification system in conjunction with all-electronic toll facilities; penalty
§ 46.2-819.4
Smoking in proximity to gas pumps; penalty
§ 46.2-819.5
Enforcement through use of photo-monitoring system or automatic vehicle identification system in conjunction with usage of Dulles Access Highway
§ 46.2-819.6
Invoice for unpaid toll
§ 46.2-819.7
Repealed
§ 46.2-819.8
Toll grace period
§ 46.2-819.9
Agreements for enforcement of tolling violations against nonresidents
§ 46.2-819.10
Withholding of vehicle registration for enforcement of out-of-state toll violations
§ 46.2-820
Right-of-way at uncontrolled intersections, generally
§ 46.2-821
Vehicles before entering certain highways shall stop or yield right-of-way
§ 46.2-822
Right-of-way at circular intersections
§ 46.2-823
Unlawful speed forfeits right-of-way
§ 46.2-824
Right-of-way at uncontrolled “T” intersections
§ 46.2-825
Left turn traffic to yield right-of-way
§ 46.2-826
Stop before entering public highway or sidewalk from private road, etc.; yielding right-of-way
§ 46.2-827
Right-of-way of United States forces, troops, National Guard, etc.
§ 46.2-828
Right-of-way for funeral processions under police or sheriff’s escort; improper joining of, passing through, or interfering with processions prohibited; use of high beam headlights and hazard lights by vehicles traveling in funeral processions
§ 46.2-828.1
Impeding or disrupting certain funeral processions; penalty
§ 46.2-828.2
Impeding or disrupting vehicles operating under a valid highway hauling permit
§ 46.2-829
Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way
    • Article 3. Traffic Signs, Lights, and MarkingsRead all
§ 46.2-830
Uniform traffic control devices on highways; drivers to obey traffic control devices; enforcement of section
§ 46.2-830.1
Failure to obey highway sign where driver sleeping or resting
§ 46.2-831
Unofficial traffic control devices prohibited; penalties
§ 46.2-832
Damaging or removing traffic control devices or street address signs
§ 46.2-833
Traffic lights; penalty
§ 46.2-833.01
Expired
§ 46.2-833.1
Evasion of traffic control devices
§ 46.2-834
Signals by law-enforcement officers, crossing guards, and flaggers
§ 46.2-835
Right turn on steady red light after stopping
§ 46.2-836
Left turn on steady red after stopping
§ 46.2-837
Passing vehicles proceeding in opposite directions
§ 46.2-838
Passing when overtaking a vehicle
§ 46.2-839
Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle
§ 46.2-840
Repealed
§ 46.2-841
When overtaking vehicle may pass on right
§ 46.2-842
Driver to give way to overtaking vehicle
§ 46.2-842.1
Drivers to give way to certain overtaking vehicles on divided highways
§ 46.2-843
Limitations on overtaking and passing
§ 46.2-844
Passing stopped school buses; penalty; prima facie evidence
§ 46.2-845
Limitation on U-turns
§ 46.2-846
Required position and method of turning at intersections; local regulations
§ 46.2-847
Left turns by bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds
§ 46.2-848
Signals required on backing, stopping, or turning
§ 46.2-849
How signals given
§ 46.2-850
Change of course after giving signal
§ 46.2-851
Signals prior to moving standing vehicles into traffic
    • Article 7. Reckless Driving and Improper DrivingRead all
§ 46.2-852
Reckless driving; general rule
§ 46.2-853
Driving vehicle which is not under control; faulty brakes
§ 46.2-854
Passing on or at the crest of a grade or on a curve
§ 46.2-855
Driving with driver’s view obstructed or control impaired
§ 46.2-856
Passing two vehicles abreast
§ 46.2-857
Driving two abreast in a single lane
§ 46.2-858
Passing at a railroad grade crossing
§ 46.2-859
Passing a stopped school bus; prima facie evidence
§ 46.2-860
Failing to give proper signals
§ 46.2-861
Driving too fast for highway and traffic conditions
§ 46.2-862
Exceeding speed limit
§ 46.2-863
Failure to yield right-of-way
§ 46.2-864
Reckless driving on parking lots, etc.
§ 46.2-865
Racing; penalty
§ 46.2-865.1
Injuring another or causing the death of another while engaging in a race; penalties
§ 46.2-866
Racing; aiders or abettors
§ 46.2-867
Racing; seizure of motor vehicle
§ 46.2-868
Reckless driving; penalties
§ 46.2-868.1
Aggressive driving; penalties
§ 46.2-869
Improper driving; penalty
§ 46.2-870
Maximum speed limits generally
§ 46.2-871
Maximum speed limit for school buses
§ 46.2-872
Maximum speed limits for vehicles operating under special permits
§ 46.2-873
Maximum speed limits at school crossings; penalty
§ 46.2-873.1
Maximum speed limit on nonsurface-treated highways
§ 46.2-873.2
Maximum speed limit on rural rustic roads
§ 46.2-874
Maximum speed limit in business and residence districts
§ 46.2-874.1
Exceptions to maximum speed limits in residence districts; penalty
§ 46.2-875
Maximum speed limit on certain other highways in cities and towns
§ 46.2-876
Maximum speed limit for passenger vehicles towing certain trailers
§ 46.2-877
Minimum speed limits
§ 46.2-878
Authority to change speed limits
§ 46.2-878.1
Maximum speed limits in highway work zones; penalty
§ 46.2-878.2
Maximum speed limits in certain residence districts of counties, cities, and towns; penalty
§ 46.2-878.3
Prepayment of fines for violations of speed limits
§ 46.2-879
No conviction for speeding in certain areas unless markers installed
§ 46.2-880
Tables of speed and stopping distances
§ 46.2-881
Special speed limitation on bridges, tunnels and interstates
§ 46.2-882
Determining speed with various devices; certificate as to accuracy of device; arrest without warrant
§ 46.2-883
Signs indicating legal rate of speed and measurement of speed by radar
§ 46.2-884
Railroad warning signals must be obeyed
§ 46.2-885
When vehicles to stop at railroad grade crossings
§ 46.2-886
When drivers of certain vehicles to stop, look, and listen at railroad crossings; crossing tracks without shifting gears
§ 46.2-887
Moving crawler-type tractors, steam shovels, derricks, rollers, etc., over railroad grade crossings
§ 46.2-888
Stopping on highways; general rule
§ 46.2-889
Location of parked vehicles
§ 46.2-890
Stopping in vicinity of fire or emergency
§ 46.2-891
Exemption for highway construction and maintenance vehicles
§ 46.2-892
Rural mail carriers stopping on highways
§ 46.2-893
Stopping on highways to discharge cargo or passengers; school buses
§ 46.2-894
Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty
§ 46.2-895
Duty of certain persons accompanying driver to report accidents involving injury, death, or damage to attended property
§ 46.2-896
Duties of driver in event of accident involving damage only to unattended property
§ 46.2-897
Duty of certain persons accompanying driver to report accidents involving damage only to unattended property
§ 46.2-898
Reports are in addition to others
§ 46.2-899
Article applies to accidents on private or public property
§ 46.2-900
Penalty for violation of §§ 46.2-895 through 46.2-897
§ 46.2-901
Suspension of driver’s license for failure to report certain accidents
§ 46.2-902
Leaving scene of accident when directed to do so by officer
§ 46.2-902.1
Officer may require certain motorists to furnish proof of insurance or payment of fee for registration of an uninsured motor vehicle; penalty
§ 46.2-903
Riding or driving vehicles other than bicycles, electric power-assisted bicycles, or electric personal assistive mobility devices on sidewalks
§ 46.2-904
Use of roller skates and skateboards on sidewalks and shared-use paths; operation of bicycles and certain motorized and electric items and devices on sidewalks, crosswalks, and shared-use paths; local ordinances
§ 46.2-905
Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds on roadways and bicycle paths
§ 46.2-906
Carrying articles or passengers on bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds
§ 46.2-906.1
Local ordinances may require riders of bicycles, electric personal assistive mobility devices, and electric power-assisted bicycles to wear helmets
§ 46.2-907
Overtaking and passing vehicles
§ 46.2-908
Registration of bicycle, electric personal assistive mobility device, electric personal delivery device, and electric power-assisted bicycle serial numbers
§ 46.2-908.1
Electric personal assistive mobility devices, electric personal delivery devices, electrically powered toy vehicles, and electric power-assisted bicycles
§ 46.2-908.1:1
Electric personal delivery devices
§ 46.2-908.2
Low-speed vehicles; required equipment
§ 46.2-908.3
Low-speed vehicles; operation on highways; license required; registration required; safety and emissions inspections not required
    • Article 13. Motorcycles and Mopeds and All-Terrain VehiclesRead all
§ 46.2-909
Riding on motorcycles, generally
§ 46.2-910
Motorcycle and autocycle operators to wear helmets, etc.; certain sales prohibited; penalty
§ 46.2-911
Repealed
§ 46.2-911.1
Operation of motor-driven cycles on public highways prohibited
§ 46.2-912
Operating motorcycle without headlight, horn or rearview mirror
§ 46.2-913
Vendors of certain motorcycles to furnish statements of registration and licensing requirements
§ 46.2-914
Limitations on operation of mopeds
§ 46.2-915
Stickers required on mopeds
§ 46.2-915.1
All-terrain vehicles and off-road motorcycles; penalty
§ 46.2-915.2
Safety equipment for mopeds; effect of violation; penalty
§ 46.2-916
Ordinances providing for the disposition of unregistered or unlicensed motorcycles
    • Article 13.1. Golf Cart and Utility Vehicle OperationRead all
§ 46.2-916.1
Golf cart and utility vehicle operations on public highways not otherwise designated for such operation
§ 46.2-916.2
Designation of public highways for golf cart and utility vehicle operations
§ 46.2-916.3
Limitations on golf cart and utility vehicle operations on designated public highways
§ 46.2-917
Operation of yellow motor vehicles of certain seating capacity on state highways prohibited; exceptions; penalty
§ 46.2-917.1
School buses hired to transport children
§ 46.2-917.2
School buses operating under State Corporation Commission or Department certificate
§ 46.2-918
School buses to be routed so as to avoid necessity of pupils’ crossing divided highways
§ 46.2-919
Age limit for drivers of school buses
§ 46.2-919.1
Use of wireless telecommunications devices by persons driving school buses
§ 46.2-920
Certain vehicles exempt from regulations in certain situations; exceptions and additional requirements
§ 46.2-920.1
Operation of tow trucks or vehicles owned or controlled by the Department of Transportation under certain circumstances; incident management
§ 46.2-920.2
Operation of vehicles owned or controlled by the Wildlife Center of Virginia
§ 46.2-921
Following or parking near fire apparatus or emergency medical services vehicle
§ 46.2-921.1
Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties
§ 46.2-922
Driving over fire hose
§ 46.2-923
How and where pedestrians to cross highways
§ 46.2-924
Drivers to stop for pedestrians; installation of certain signs; penalty
§ 46.2-925
Pedestrian control signals
§ 46.2-926
Pedestrians stepping into highway where they cannot be seen
§ 46.2-927
Boarding or alighting from buses
§ 46.2-928
Pedestrians not to use roadway except when necessary; keeping to left
§ 46.2-929
Pedestrians soliciting rides
§ 46.2-930
Loitering on bridges or highway rights-of-way
§ 46.2-931
Localities may prohibit or regulate distribution of handbills, etc., solicitation of contributions, and sale of merchandise or services on highways within their boundaries or on public roadways and medians
§ 46.2-932
Playing on highways; use of toy vehicle on highways, persons riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, etc., not to attach to vehicles; exception
§ 46.2-932.1
Duty of driver approaching blind pedestrian; effect of failure of blind person to carry white cane or use dog guide
§ 46.2-933
When vehicles to stop for pedestrian guided by dog or carrying white, red-tipped white, or metallic cane
§ 46.2-934
Failure to use cane or guide dog not contributory negligence
§ 46.2-935
Regulation by ordinance in counties, cities, and towns
    • Article 17. Legal Procedures and RequirementsRead all
§ 46.2-936
Arrest for misdemeanor; release on summons and promise to appear; right to demand hearing immediately or within twenty-four hours; issuance of warrant on request of officer for violations of §§ 46.2-301 and 46.2-302; refusal to promise to appear; violations
§ 46.2-937
Traffic infractions treated as misdemeanors for arrest purposes
§ 46.2-938
Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear
§ 46.2-939
Authority of law-enforcement officers to issue subpoenas
§ 46.2-940
When arresting officer shall take person before issuing authority
§ 46.2-941
Conditions precedent to issuance of summons for violation of parking ordinance; notice
§ 46.2-942
Admissibility of results of speedometer test in prosecution for exceeding speed limit
§ 46.2-943
Court or jury may consider defendant’s prior traffic record before sentencing
§ 46.2-944
Repealed
§ 46.2-944.1
Compact entered into law; terms
§ 46.2-944.2
Department of Motor Vehicles to be “licensing authority” within meaning of compact; duties of Department
§ 46.2-945
Issuance of citation to motorist; party jurisdiction; police officer to report noncompliance with citation
§ 46.2-946
Department to transmit officer’s report to party jurisdiction; suspension of resident’s license for noncompliance with citation issued by party jurisdiction
§ 46.2-947
Violations committed within highway safety corridor; report on benefits

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.

VIIVA 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.

XVA 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.

XIVA 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

Anthony Montagna, III is trial tested in traffic, DUI, and criminal defense, protecting thousands of  clients over the years with  traffic, DUI, and criminal charges.  Anthony and his partners are conveniently located near the courthouses in Norfolk and Newport News, Virginia.  Montagna Klein Camden LLP, including  Anthony L. Montagna, III,  have the experience and knowledge to aggressively defend you in  DUI, traffic, or criminal matters.  Anthony is determined to provide you the best traffic, DUI and criminal defense.  The Traffic Violation Lawyers, Anthony Montagna, III and his partners, are tough as nails.  Anthony will  leave no stone uncovered in defending you to the fullest extent of the law, and he will provide you with advice that you can trust. When you need a fighter as your DUI lawyer, traffic or criminal lawyer, call Anthony today at 757-625-3500.

THE SUSPENDED LICENSE STATUTES?

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 suspendedor 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.

OVER 150 YEARS OF COMBINED LEGAL EXPERIENCE 

While every case is different, the disposition in one case does not guarantee the same disposition for your current case, and the below examples are for information only, some of my great results are the following:

  1. Client charged with reckless driving following a motorcycle accident, client found not guilty.
  2. Client charged with reckless driving, speed over 100 mph, charge reduced to improper driving and a $250.00 fine.
  3. Client charged with DUI, client found guilty of “wet” reckless driving.
  4. Client charged with second offense DUI, client found guilty of first offense DUI with no active jail sentence.
  5. Client charged with suspended operator’s license, client found not guilty.
  6. Client charged with improper turn, client found not guilty

As one of the  top Traffic Defense  Lawyers, Anthony Montagna will impress you with his smooth court room presence and skillful  command of the case.  When you need the best, hire the best. Contact Anthony Montagna, III today.  The firm phone number is 757-625-3500.

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