SPEEDING TICKET LAWYERS NORFOLK VA

ATTORNEY ANTHONY MONTAGNA, III

WINNING CASES SINCE 1993

TOUGH, SKILLED, AND DEPENDABLE

425 MONTICELLO AVENUE, SUITE A, NORFOLK,VA 23510

WE OFFER A FREE CONSULTATION TO DISCUSS YOUR CASE

757-625-3500

SOME OF ATTORNEY MONTAGNA’S RESULTS 

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 Norfolk, Virginia Beach, Chesapeake, and throughout VA.

Some of Anthony’s case results are the following:

1. Reckless driving, 131 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
2. Reckless driving, 118 mph in a 55 mph zone:  REDUCED TO SPEEDING, A TRAFFIC INFRACTION
3. Reckless driving, 116 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $250.00 fine
4. Reckless driving, 112 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, $250.00 fine
5. Reckless driving, 112 mph in a 55 mph zone: DISMISSED
6. Reckless driving, Racing:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
7. Reckless driving, 110 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, $500.00 fine
8. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
9. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
10. Reckless driving, 107 mph in a 65 mph zone: DISMISSED
11. Reckless driving, 107 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
12. Reckless driving, 106 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
13. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
14. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
15. Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
16. Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: DISMISSED
17. Reckless driving, 102 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
18. Reckless driving, 102 mph in a 60 mph zone: DISMISSED
19. Reckless driving, 102 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
20. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
21. Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME
22. Reckless driving, 101 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
23. 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
24. Reckless driving, client driving a motorcycle at a high rate of speed on the interstate with sudden lane change and driving between vehicles: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
25. Reckless driving, 98 mph in a 60 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
26. Reckless driving, 97 mph in a 60 mph zone: DISMISSED
27. Reckless driving, 97 mph in a 55 mph zone: REDUCED TO SPEEDING
28. Reckless driving, 96 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
29. Reckless driving, 95 mph in a 65 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
30. Reckless driving, 95 mph in a 55 mph zone: DISMISSED
31. Reckless driving, 95 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
32. Reckless driving, 94 mph in a 65 mph zone: REDUCED TO SPEEDING
33. Reckless driving, 94 mph in a 55 mph zone: DISMISSED
34. Reckless driving, 93 mph in a 55 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
35. Reckless driving 92 mph in a 55 mph zone: DISMISSED
36. Reckless driving, 92 mph in a 65 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION 
37. Reckless driving 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
38. Reckless driving 91 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
39. Reckless driving 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
40. Reckless driving 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
41. Reckless driving 90 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
42. Reckless driving 90 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
43. Reckless driving 87 mph in a 55 mph zone: DISMISSED
44. Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
45. Reckless driving, 86 mph in a 55 mph zone, REDUCED TO SPEEDING
46. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
47. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
48. Reckless driving 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
49. Reckless driving 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
50. Reckless driving, 80 mph in a 45 mph zone: DISMISSED
51. Reckless driving, 80 mph in a 55 mph zone: DISMISSED
52. Reckless driving 80 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
53. Reckless driving, 79 mph in a 55 mph zone, REDUCED TO SPEEDING
54. Reckless driving, 77 mph in a 55 mph zone, REDUCED TO SPEEDING
55. Reckless driving 76 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
56. Reckless driving, 72 mph in a 45 mph zone: DISMISSED
57. Reckless driving, 62 mph in a 35 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
58. Reckless driving, 62 mph in a 30 mph zone: DISMISSED
59. Reckless driving, 50 mph in a 25 mph zone: REDUCED TO SPEEDING
60. Reckless driving:  DISMISSED
61. Reckless driving:  DISMISSED
62. Reckless driving:  DISMISSED
63. Reckless driving: REDUCED TO SPEEDING, 19 MILES OVER THE SPEED LIMIT
64. Reckless Driving: DISMISSED
65. Reckless Driving: DISMISSED
66. Reckless Driving: DISMISSED

WHAT SOME CLIENTS SAY ABOUT ANTHONY MONTAGNA, III

• “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. 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!!”

TRAFFIC DEFENSE LAWYERS IN NORFOLK VA

Anthony Montagna, III, and his partners are preeminent Traffic Defense and Reckless Driving Lawyers in Norfolk, VA.  As a Norfolk, VA reckless driving and traffic defense lawyer, who is familiar with the federal and state courts, Anthony Montagna, III knows how to obtain great court results in court.  

When you go to court in Norfolk for a reckless driving or any traffic charge, you need to understand that it requires the use of common sense, and it is important to hire a lawyer who practices in Norfolk and has an office in Norfolk.  Anthony and the lawyers at Montagna Klein Camden LLP know that it is important to fight for your clients in criminal and traffic matters.

NO CASE IS TOO SIMPLE OR TOO COMPLEX 

No case is too complex or too simple.  When you may go to jail for a reckless driving charge or or charged with any traffic infraction in Norfolk, Virginia, call the top Norfolk reckless driving and traffic defense lawyers at Montagna Klein Camden LLP.  Our phone number is 757-625-3500, and help is only a phone call away.

A+ RATED BY THE BETTER BUSINESS BUREAU

Anthony Montagna, III,  is A+ rated by the Better Business Bureau.   Many of our clients are locals, union workers, students, vacationers, and military men and women. Our fees are reasonable, and we offer military, student, union, and senior discounts.  When you need an experienced and compassionate lawyer in for a reckless driving, DUI or any traffic violation, contact Anthony Montagna, a proven winner. Anthony will utilize his 22 years of experience in thinking “outside of the box” to achieve the most favorable disposition.

MILITARY WELCOME

UNION WORKERS WELCOME

The address for the Norfolk General District Court and Circuit Court is 150 Saint Paul’s Boulevard, Norfolk, Virginia.

 The presiding Judges in the Norfolk General District court are the following:

• Hon. S. Clark Daugherty, Presiding Judge
• Hon. Bruce A. Wilcox, Presiding Judge
• Hon. Michael Charles Rosenblum
• Hon. Joan E. Mahoney, Presiding Judge, Chief Judge

The Norfolk General District Court schedule is the following:

Traffic Cases Begin

   Mon. - Fri., 9:00 a.m., 10:00 a.m. & 11:00 a.m.

WHAT  IS RECKLESS DRIVING?

I. VA Code Ann. § 46.2-852

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

 II. VA Code Ann. § 46.2-853

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

III. VA Code Ann. § 46.2-854

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

 IV. VA Code Ann. § 46.2-855

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

V. VA Code Ann. § 46.2-856

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

VI. VA Code Ann. § 46.2-857

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

VII. VA Code Ann. § 46.2-858

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

VIII. VA Code Ann. § 46.2-859

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

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

IX. VA Code Ann. § 46.2-860

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

X. VA Code Ann. § 46.2-861

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

XI. VA Code Ann. § 46.2-862

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

XII. VA Code Ann. § 46.2-863

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

 XIII. VA Code Ann. § 46.2-864

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

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

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

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

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

When you go to court, it is important to have a highly recommended and rated attorney, like Anthony.  Although every case is different, no two cases are the same, and a result in one case does not guarantee the same result in every case, Anthony has obtained great results in Norfolk, Virginia Beach, Chesapeake and throughout Hampton Roads.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If you want great results in court, The Five Commandments to follow are:

1.  You only get one chance to make a good impression in court, so you should always dress well.

2.  Hire a lawyer with experience and a proven track record.  If you choose an incredibly inexpensive lawyer, you may get what you paid for.

3.  Follow your lawyer’s advice, do what he tells you, and be responsible.

4.  Do not be argumentative with the Court and the prosecutor.  The Judge  has been around the block and knows who is acting rudely.

5.  If you are arrested by the police, understand that you have the right to remain  silent.

If you follow these 5 simple rules, you will be amazed with your level of success in court.  If you have questions about a reckless driving, DUI, or suspended license charge in Norfolk, Newport News, Portsmouth, Hampton or any where in Hampton Roads, call Norfolk traffic defense and reckless driving lawyers, Anthony Montagna  and his partners, at 757-625-3500 and understand that  you have fighters in your corner.