MONTAGNA RECKLESS DRIVING AND SPEEDING TICKET DEFENSE LAW
A CLIENT FIRST LAW FIRM
THOUSANDS OF SATISFIED CLIENTS
THREE CONVENIENT LOCATIONS IN NEWPORT NEWS, VIRGINIA BEACH, AND NORFOLK, VA
4302 HUNTINGTON AVENUE, SUITE A, NEWPORT NEWS, VA 23607
WHEN YOU ARE DOWN, WE WILL HELP YOU UP!!!
DO NOT GO DOWN WITHOUT A FIGHT, CONTACT OUR FIRM TODAY!
FIVE STAR NEWPORT NEWS SPEEDING TICKET LAWYER:
When you go to court, it is important to have a highly recommended and rated reckless driving lawyer, like Anthony. Anthony has received over ONE HUNDRED EIGHTYY (180) 5 star GOOGLE I, GOOGLE II,GOOGLE III, AVVO, and FINDLAW reviews. 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 or predict the result of a different case, Anthony has obtained great results in Newport News and throughout Hampton Roads, VA.SOME OF ANTHONY’S GREAT RESULTS ARE THE FOLLOWING:
Reckless driving, 131 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
Reckless driving, 116 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $250.00 fine
Reckless driving, 112 mph in a 55mph zone in Norfolk: REDUCED TO IMPROPER DRIVING, $250.00 fine
Reckless driving, 112 mph in a 55mph zone: DISMISSED
Reckless driving, Racing: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 110 mph in a 55mph zone in Norfolk: REDUCED TO IMPROPER DRIVING, $500.00 fine
Reckless driving, 110 mph in a 55mph zone: DISMISSED
Reckless driving, 107 mph in a 65mph zone: DISMISSED
Reckless driving, passing a school bus: DISMISSED
Reckless driving, 107 mph in a 60mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 106 mph in a 55 mph zone:REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 105 mph in a 55mph zone: DISMISSED
Reckless driving, 105 mph in a 55mph zone: DISMISSED
Reckless driving, 104 mph in a 60 mph zone:REDUCED TO SPEEDING, A TRAFFIC INFRACTION
Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: DISMISSED
Reckless driving, 102 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
Reckless driving, 102 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
Reckless driving, 104 mph in a 60mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
Reckless driving, 104 mph in a 60mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION WITH $300.00 fine
Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING WITH NO ACTIVE JAIL TIME
Reckless driving, 102 mph in a 60mph zone: DISMISSED
Reckless driving, 101 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
Reckless driving, 101 mph in a 55mph zone: DISMISSED
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
Reckless driving, 98 mph in a 60mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 97 mph in a 60mph zone: DISMISSED
Reckless driving, 97 mph in a 55mph zone: REDUCED TO SPEEDING
Reckless driving, 96 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 95 mph in a 65mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 95 mph in a 55mph zone: DISMISSED
Reckless driving, 94 mph in a 65mph zone: REDUCED TO SPEEDING
Reckless driving, 94 mph in a 55mph zone: DISMISSED
Reckless driving, 93 mph in a 65mph zone: REDUCED TO SPEEDING
Reckless driving, 93 mph in a 55mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
Reckless driving 92 mph in a 55mph zone: DISMISSED
Reckless driving, 92 mph in a 65mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION
Reckless driving 92 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 91 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 91 mph in a 60mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
Reckless driving 91 mph in a 60mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
Reckless driving 90 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 90 mph in a 60mph zone: REDUCED TO DEFECTIVE EQUIPMENT
Reckless driving, 89 mph in a 55 mph zone, REDUCED TO SPEEDING
Reckless driving, 87 mph in a 55 mph zone, REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 86 mph in a 60mph zone: REDUCED TO DEFECTIVE EQUIPMENT
Reckless driving 85 mph in a 60mph zone: DISMISSED
Reckless driving 84 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 84 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 82 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 81 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 81 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 80 mph in a 45mph zone: DISMISSED
Reckless driving, 80 mph in a 55mph zone: DISMISSED
Reckless driving 80 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 79 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 77 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving 76 mph in a 55mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 72 mph in a 45mph zone: DISMISSED
Reckless driving, 68mph in a 45mph zone: DISMISSED
Reckless driving, 62 mph in a 35mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 50 mph in a 25mph zone: REDUCED TO SPEEDING
Reckless driving involving an accident that totaled client’s vehicle and involving a trash truck: DISMISSED
WHAT CLIENTS SAY ABOUT ANTHONY MONTAGNA, III
“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.”
“Honestly , Mr. Montagna treats like you are his family the way he cares, he takes care of his people , I was doing triple digit speed on a 60 and lord I thought it was over for me in that courtroom , he’s a genius because I literally got away with no time .. he’s that man!”
“Thanks to Mr. Anthony Montagna and his team for getting my case dismissed today. I really appreciate it”
“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 alot (sic). 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!!”
4302 HUNTINGTON AVENUE, SUITE A, NEWPORT NEWS, VA 23607
757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY) or 757-622-8173
With Anthony L. Montagna, III, you can be confident that you have an experienced traffic attorney on your side for your reckless driving charge in Newport News, VA. Anthony will fight to protect you in court. As the “Go To” Newport News Reckless Driving lawyer, Anthony knows that your case is important to you, and he will battle for you in court.
We are conveniently located at 4302 Huntington Avenue, Suite A, Newport News, VA 23607 and very close to the shipyard. While some other lawyers plead their clients guilty or no contest, Anthony and his team of reckless driving lawyers in Newport News, VA generally prefer to plead their clients not guilty. As Anthony likes to say, you cannot win the case it if you do not plead your client not guilty and try the case.
SPEED KILLS
Anthony Montagna, III knows that high speeds on the roadways while operating a vehicle lead to deaths and serious injuries. We at Law Offices of Anthony Montagna, III would urge you to drive responsibly and not speed. Virginia Division of Motor Vehicles provides startling statistics.
Virginia Crash Report
Date Range:
1/1/2021 to 12/31/2021
Region/PDC:
All Virginia
Jurisdiction:
All
Grouped By:
Region
Crashes Filtered By:
Speed Related
Primary Street(s):
ALL
Secondary Street(s):
ALL
Region
2021
Crashes
Fatalities
Injuries
Bristol
1,736
32
817
Fairfax
7,801
94
3,750
Portsmouth
5,415
114
3,279
Richmond
4,449
94
2,365
Roanoke
2,237
56
1,070
Staunton
2,982
55
1,621
Unknown
0
0
0
Totals
24,620
445
12,902
If you are unfortunately charged with reckless driving because of a high speed, please know that help is only a phone call away. Anthony Montagna, III is ready to provide to you the help you need.
BIO OF ANTHONY MONTAGNA, III:
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. 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.
EDUCATION:
1993 University of Akron School of Law, Akron, OH, J.D. 1990 University of Richmond, Richmond, VA, B.A., Major: Economics, Intermediate Honors, Dean’s List
FORMER 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.
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 practiced law for over 30 years and is well known for his knowledge of the law and familiarity with the judges in Newport News, and all of Hampton Roads, VA.
COMMITMENT TO MY CLIENTS CHARGED WITH RECKLESS DRIVING IN NEWPORT NEWS, VA:
“Practicing traffic defense law since 1993, I know each reckless driving speeding case in Newport News, VA 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 speeding ticket case in Newport News, VA 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.”
ANTHONY THINKS OUTSIDE OF THE BOX TO WIN CASES AS A NEWPORT NEWS SPEEDING TICKET LAWYER
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 Newport News, VA speeding case a priority and work hard for you, Anthony is the attorney for you.
BAR ADMISSIONS:
U.S. Supreme Court
U.S. District Court-Eastern District of Virginia
U.S. Court of Appeals 4th Circuit
Virginia Supreme Court
Court of Appeals of Virginia
EXPERIENCED SPEEDING TICKET LAWYER FOR CASES IN NEWPORT NEWS, VA:
Anthony Montagna, III is an experienced reckless driving and speeding ticket lawyer in Newport News and his address is 4302 Huntington Avenue, Suite A, Newport News, VA 23607. As a Newport News speeding ticket lawyer, who is familiar with the federal and state courts, Anthony knows how to obtain great results in court. Whether you are charged with reckless driving because of speeds over 80, 90, or 100 mph or simple speeding, please know that my reckless driving and speeding ticket defense team is ready to help you. I will put my 30+ years of reckless driving and traffic ticket defense experience to work for you.
WHY YOU SHOULD HIRE LOCAL COUNSEL FOR YOUR RECKLESS DRIVING CASE IN NEWPORT NEWS, VA
When you go to court in Newport News, VA for a reckless driving charge or a speeding ticket, you need to understand that it requires the use of common sense, and it is important to hire a lawyer from Newport News, VA who is tough as nails. The local judges in Newport News, VA know which attorneys are the skilled speeding ticket and reckless driving lawyers.
Familiarity with the local judges in Newport News, VA for reckless driving and speeding ticket cases allows Anthony to develop a winning strategy. Most importantly, Anthony Montagna, IIIand the other lawyers in the firm have over 125 years of combined legal experience and are located at 4302 Huntington Avenue, Suite A, Newport News, VA 23607.
REASONABLE FEES FOR RECKLESS DRIVING AND SPEEDING TICKET CASES IN NEWPORT NEWS, VA
In addition to obtaining millions of dollars as compensation for injured parties, Anthony and Montagna Newport News Reckless Driving and Traffic Defense Law know that it is important to fight for your clients in criminal and traffic matters. No case is too complex or too simple. Many of our clients are locals, vacationers, union workers, students, and military men and women. We have reasonable fees and offer union, student, senior, and military discounts
A SKILLED NEWPORT NEWS SPEEDING TICKET AND RECKLESS DRIVING LAWYER YOU CAN TRUST
When you need an experienced and compassionate lawyer in Newport News for a reckless driving, DUI or any traffic violation, rely on your common sense in selecting an attorney. A successful Newport News reckless driving lawyer has 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 30 years and is A+ rated by the Better Business Bureau.The address for the Newport News General District Court and Circuit Court is 2500 Washington Avenue, Newport News, Virginia 23607.The presiding Judges in the Newport News General District court are the following:
Hon. Rian Lewis
Hon. Michael S. Stein
Hon. Robert G. Saunders
Hon. Charisse Mullen
The Newport News General District Court court schedule is the following:
Courtroom A
Bond Hearings
8:30 a.m., Mon. - Fri.
Video Arraignments
9:00 a.m., Mon. - Fri.
Commonwealth Trials/City Trials
10:00 a.m. & 11:00 a.m., Mon. - Fri.
City Attorney Trials
1:30 p.m., 4th Wed. of each month
Courtroom C
Non Violent Commonwealth Trials
9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m.,
11:00 a.m. & 1:00 p.m., Wed.
The Newport News General District Court-Traffic Division court schedule is the following:
Courtroom B
Video Arraignments
8:30 a.m., Mon. - Fri.
Commonwealth Arraignments
9:00 a.m., Mon.
Commonwealth Trials
9:30 a.m., Mon.
City Officer Trials/Violations of Probation
9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m., 11:00 a.m.
& 1:00 p.m., Mon. - Fri.
Courtroom C
City Officer Trials/Violations of Probation
8:30 a.m., 9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m.,
11:00 a.m. & 1:00 p.m., Mon. & Fri.
Commonwealth Arraignments
9:00 a.m., Tues.
Commonwealth Trials
9:30 a.m., Tues.
State Trooper Trials
9:00 a.m., 10:00 a.m., 11:00 a.m. & 1:00 p.m., Tues. & Thurs.
The presiding Judges in the Newport News Circuit Court are the following:
Hon. Christopher R. Papile, Presiding Judge, Chief Judge
Hon. Timothy S. Fisher, Presiding Judge
Hon. Gary A. Mills, Presiding Judge
Hon. Bryant L. Sugg, Presiding Judge
Hon. Tyneka Flythe
MILITARY WELCOME
Anthony Montagna, III and Montagna Law are Newport News Reckless Driving and Speeding Ticket Lawyers helping military members
UNION MEMBERS WELCOME
If you seek information about your case, please follow this link.
CALL US TODAY:
757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY) or 757-622-8173
WHAT ARE SOME RECKLESS DRIVING STATUTORY PROVISIONS?
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 recklessdriving 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.
RECKLESS DRIVING IS GENERALLY A CLASS ONE MISDEMENAOR
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 Newport News, VA lawyer like Anthony Montagna, IIIor any of the lawyers at Montagna Newport News Traffic Defense 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 Newport News, Virginia. As a Newport Newsspeeding ticket defense lawyer, Anthony has the confidence and skill to negotiate on your behalf and to defend you on any traffic violation.
WHAT ARE THE MOST COMMON SPEEDING STATUTES IN VIRGINIA:
§ 46.2-870. Maximum speed limits generally
Except as otherwise provided in this article, the maximum speed limit shall be 55 miles per hour on interstate highways or other limited access highways with divided roadways, nonlimited access highways having four or more lanes, and all state primary highways.
The maximum speed limit on all other highways shall be 55 miles per hour if the vehicle is a passenger motor vehicle, bus, pickup or panel truck, or a motorcycle, but 45 miles per hour on such highways if the vehicle is a truck, tractor truck, or combination of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle designed for self-propulsion, or a house trailer.
Notwithstanding the foregoing provisions of this section, the maximum speed limit shall be 70 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on (i) interstate highways; (ii) multilane, divided, limited access highways; and (iii) high-occupancy vehicle lanes if such lanes are physically separated from regular travel lanes. The maximum speed limit shall be 60 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on U.S. Route 17, U.S. Route 23, U.S. Route 29, U.S. Route 58, U.S. Alternate Route 58, U.S. Route 301, U.S. Route 360, U.S. Route 460, U.S. Route 501 between the Town of South Boston and the North Carolina state line, State Route 3, and State Route 207 where such routes are nonlimited access, multilane, divided highways.
§ 46.2-878. Authority to change speed limits
A. Notwithstanding the other provisions of this article, the Commissioner of Highways or other authority having jurisdiction over highways may decrease the speed limits set forth in § 46.2-870 and may increase or decrease the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under its jurisdiction; and may establish differentiated speed limits for daytime and nighttime by decreasing for nighttime driving the speed limits set forth in § 46.2-870 and by increasing for daytime or decreasing for nighttime the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under his jurisdiction. Such increased or decreased speed limits and such differentiated speed limits for daytime and nighttime driving shall be effective only when prescribed after a traffic engineering investigation and when indicated on the highway by signs. It shall be unlawful to operate any motor vehicle in excess of speed limits established and posted as provided in this section. The increased or decreased speed limits over highways under the control of the Commissioner of Highways shall be effective only when prescribed in writing by the Commissioner of Highways and kept on file in the Central Office of the Department of Transportation. Whenever the speed limit on any highway has been increased or decreased or a differential speed limit has been established and such speed limit is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with the provisions of this section.
B. Notwithstanding any other provision of this article, including the provisions of subsection A, the governing body of any town located entirely within the confines of a United States military base may by ordinance reduce the speed limit to less than 25 miles per hour on any highway within its boundaries, provided such reduced speed limit is indicated by lawfully placed signs.
§ 46.2-882.1. Use of photo speed monitoring devices in highway work zones and school crossing zones; civil penalty
A. For the purposes of this section:
“Highway work zone” has the same meaning ascribed to it in § 46.2-878.1.
“Photo speed monitoring device” means equipment that uses radar or LIDAR-based speed detection and produces one or more photographs, microphotographs, videotapes, or other recorded images of vehicles.
“School crossing zone” has the same meaning ascribed to it in § 46.2-873.
B. A state or local law-enforcement agency may place and operate a photo speed monitoring device in school crossing zones for the purposes of recording violations of § 46.2-873 and in highway work zones for the purposes of recording violations of § 46.2-878.1.
1. The operator of a vehicle shall be liable for a monetary civil penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a photo speed monitoring device, to be traveling at speeds of at least 10 miles per hour above the posted school crossing zone or highway work zone speed limit within such school crossing zone or highway work zone. Such civil penalty shall not exceed $100, and any prosecution shall be instituted and conducted in the same manner as prosecution for traffic infractions. Civil penalties collected under this section resulting from a summons issued by a local law-enforcement officer shall be paid to the locality in which such violation occurred. Civil penalties collected under this section resulting from a summons issued by a law-enforcement officer employed by the Department of State Police shall be paid into the Literary Fund.
2. If a photo speed monitoring device is used, proof of a violation of § 46.2-873 or 46.2-878.1 shall be evidenced by information obtained from such device. A certificate, or a facsimile thereof, sworn to or affirmed by a law-enforcement officer, based upon inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo speed monitoring device, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotapes, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation of § 46.2-873 or 46.2-878.1.
3. In the prosecution for a violation of § 46.2-873 or 46.2-878.1 in which a summons was issued by mail, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of § 46.2-873 or 46.2-878.1, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of § 46.2-873 or 46.2-878.1, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation.
4. Imposition of a penalty pursuant to this section by mailing a summons shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. However, if a law-enforcement officer uses a photo speed monitoring device to record a violation of § 46.2-873 or 46.2-878.1 and personally issues a summons at the time of the violation, the conviction that results shall be made a part of such driver’s driving record and used for insurance purposes in the provision of motor vehicle insurance coverage.
5. A summons for a violation of § 46.2-873 or 46.2-878.1 issued by mail pursuant to this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons issued by mail pursuant to this section may be executed by mailing by first-class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of or accessible to the Department. In the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person’s ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subdivision 3 and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. If the summons is issued to an owner, lessee, or renter of a vehicle with a registration outside the Commonwealth and such person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons will be eligible for all legal collections activities. Any summons executed for a violation of § 46.2-873 or 46.2-878.1 issued pursuant to this section shall provide to the person summoned at least 30 days from the mailing of the summons to inspect information collected by a photo speed monitoring device in connection with the violation. If the law-enforcement agency that was operating the photo speed monitoring device does not execute a summons for a violation of § 46.2-873 or 46.2-878.1 issued pursuant to this section within 30 days from the date of the violation, all information collected pertaining to that suspected violation shall be purged within 60 days from the date of the violation.
6. A private vendor may enter into an agreement with a law-enforcement agency to be compensated for providing a photo speed monitoring device and all related support services, including consulting, operations, and administration. However, only a law-enforcement officer may swear to or affirm the certificate required by this subsection. Any such agreement for compensation shall be based on the value of the goods and services provided, not on the number of violations paid or monetary penalties imposed. Any private vendor contracting with a law-enforcement agency pursuant to this section may enter into an agreement with the Department, in accordance with the provisions of subdivision B 31 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that committed a violation of § 46.2-873 or 46.2-878.1. Any such information provided to such private vendor shall be protected in a database.
7. Information collected by a photo speed monitoring device operated pursuant to this section shall be limited exclusively to that information that is necessary for the enforcement of school crossing zone and highway work zone speeding violations. Information provided to the operator of a photo speed monitoring device shall be protected in a database and used only for enforcement against individuals who violate the provisions of this section or § 46.2-873 or 46.2-878.1. Notwithstanding any other provision of law, all photographs, microphotographs, videotapes, or other recorded images collected by a photo speed monitoring device shall be used exclusively for enforcing school crossing zone and highway work zone speed limits and shall not be (i) open to the public; (ii) sold or used for sales, solicitation, or marketing purposes; (iii) disclosed to any other entity except as may be necessary for the enforcement of school crossing zone and highway work zone speed limits or to a vehicle owner or operator as part of a challenge to the violation; or (iv) used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of this section or § 46.2-873 or 46.2-878.1, or such information is requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. Any law-enforcement agency using photo speed monitoring devices shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subdivision shall be subject to a civil penalty of $1,000 per disclosure.
8. A conspicuous sign shall be placed within 1,000 feet of any school crossing zone or highway work zone at which a photo speed monitoring device is used, indicating the use of the device. There shall be a rebuttable presumption that such sign was in place at the time of the commission of the speed limit violation.
9. Any state or local law-enforcement agency that places and operates a photo speed monitoring device pursuant to the provisions of this section shall report to the Department of State Police, in a format to be determined by the Department of State Police, by January 15 of each year on the number of traffic violations prosecuted, the number of successful prosecutions, and the total amount of monetary civil penalties collected. The Department of State Police shall aggregate such information and report it to the General Assembly by February 15 of each year.
WHAT IS RADAR?
RADAR is an acronym for Radio Detection and Ranging. RADAR allows the police to measure the speed of your moving vehicle.
Usually, the law enforcement office will determine your speed by emitting a microwave from an antenna. When the antenna emits the microwave, the microwave will reflect off your vehicle. Thereafter, the microwave will return to the RADAR unit, and your speed will be displayed for the law enforcement officer to see.
If the officer was using mobile RADAR, his vehicle was either travelling in the same direction as your vehicle or in the opposite direction of your vehicle. If the officer was using stationary RADAR, his vehicle was parked.
POSSIBLE ERRORS WITH RADAR:
Antenna position
Look past
Cosine
Double bounce
Beam reflection
Road sign
Radio interference
Fan Interference
WHAT IS LIDAR?
LIDAR is an an acronym for Light Detection and Ranging. LIDAR measures your vehicle speed by using light energy by a LASER device. LASER is an acronym for Light Amplification by Stimulated Emission Radiation. Law enforcement know that LIDAR is designed for stationary use only. Because LIDAR can only be used for stationary operations, the police know that LIDAR should not be used from moving vehicles.
For LIDAR, an officer selects a single target. The officer will use his LIDAR device by aiming at a reflective spot on your vehicle. Frequently, the officer will aim for your license plate or your headlight.
After aiming the device, the officer will press the trigger on his device. The officer will receive a speed-reading almost immediately.
FACTORS AFFECTING LIDAR:
Radio frequency
Light devices
Electrical lines
Windshield
Weather
Low voltage
Sweep effect used by officer
Cosine
LIDAR jammer
MAJOR DIFFERENCES BETWEEN LIDAR AND RADAR:
While LIDAR and RADAR are both forms of electromagnetic radiation, there are difference. LIDAR and RADAR have different frequencies and wavelength. Additionally, RADAR can be used by the police from moving and stationary vehicles, but LIDAR is only designed for stationary use.
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