Speeding Ticket Lawyers Virginia Beach VA

WERE YOU STOPPED FOR SPEEDING ON THE CHESAPEAKE BAY BRIDGE OR TUNNEL, SHORE DRIVE, INTERSTATE 64, INTERSTATE 264, INDEPENDENCE BOULEVARD, ATLANTIC AVENUE, OR SOMEWHERE ELSE IN VIRGINIA BEACH, VA?  IF YES, CONTACT VIRINIA BEACH SPEEDING TICKET LAWYERS, ANTHONY MONTAGNA, III AND MONTAGNA VIRGINIA BEACH SPEEDING TICKET LAW.

Tony Montagna_21 web
Attorney Anthony Montagna, III is  a Highly Experienced Reckless Driving and Speeding Ticket Lawyer in Virginia Beach

ATTORNEY ANTHONY MONTAGNA, III

  • MILITARY, UNION, TEACHER, SENIOR, FIRST RESPONDER, AND STUDENT DISCOUNTS
  • WINNING CASES SINCE 1993
  • MILITARY, UNION, STUDENT, TEACHER, FIRST RESPONDER, AND SENIOR DISCOUNTS
  • QUOTED AND CONSULTED BY REPORTERS WITH THE VIRGINIAN PILOT
  • FREE CONSULTATION
  • TOUGH, SKILLED, AND DEPENDABLE VIRGINIA BEACH, VA SPEEDING TICKET LAWYER
  • ONE COLUMBUS CENTER, SUITE 600, PMB 025, VIRGINIA BEACH, VA 23462
  • 757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY) or 757-622-6851

MONTAGNA VIRGINIA BEACH TRAFFIC LAW

  • WE TREAT YOU LIKE FAMILY
  • WHEN TRUST MATTERS, CONTACT US
  • DISCOUNTS AVAILABLE
  • ELITE REPRESENTATION IS ONLY A PHONE CALL AWAY

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

WHAT SOME CLIENTS SAY ABOUT ANTHONY MONTAGNA, III

  • “Absolute wizard in the court room. Got my 107 in a 65 dismissed!! The judge even said after “ I don’t know how you do it” make sure you read that again……107 in a 65 dismissed. You won’t find better.”
  • “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!!”

ONE COLUMBUS CENTER, SUITE 600, PMB 025, VIRGINIA BEACH, VA 23462

757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY) or 757-622-6851

HIGHLY RATED VIRGINIA BEACH RECKLESS DRIVING AND SPEEDING TICKET LAWYER:

When you go to court, it is important to have a highly recommended and rated attorney, like Anthony.  Anthony, a Virginia Beach speeding ticket lawyer, has received over ONE HUNDRED EIGHTY (180) FIVE star GOOGLE I, GOOGLE II, GOOGLE III, AVVO  and FINDLAW reviews.

SPEED KILLS

Anthony Montagna, III knows that high speeds on the roadways while operating a vehicle lead to deaths and serious injuries.  We at Montagna Traffic Defense Law would urge you to drive responsibly and not speed.   The 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.

COSTS OF A RECKLESS DRIVING IN VIRGINIA BEACH, VA:

  1. ATTORNEY FEES
  2. DRIVER IMPROVEMENT CLASS FEES
  3. TERMINATION OF EMPLOYMENT
  4. COURT FINES
  5. INCARCERATION COSTS
  6. COURT COSTS
  7. BAIL BONDSMAN  COSTS (USUALLY 10% OF BOND)
  8. INSURANCE PREMIUM INCREASES
  9. CAR TOWING FEES
  10. CRIMINAL CONVICTION STIGMA
  11. ALTERNATIVE TRANSPORTATION COSTS WITH A LICENSE SUSPENSION

COSTS OF A SPEEDING TICKET IN VIRGINIA BEACH, VA:

  1. ATTORNEY FEES
  2. DRIVER IMPROVEMENT CLASS FEES
  3. TERMINATION OF EMPLOYMENT
  4. COURT FINES
  5. COURT COSTS
  6. INSURANCE PREMIUM INCREASES
  7. POSSIBLE ADMINISTRATIVE LICENSE SUSPENSION BY DMV IF TOO MANY POINTS ARE INCURRED

WE KNOW HOW TO CHALLENGE RADAR, LIDAR, AND PACING BY THE POLICE WHEN YOU HAVE A RECKLESS DRIVING OR SPEEDING TICKET IN VIRGINIA BEACH, VA

Anthony Montagna, III is familiar with LIDAR (Laser), RADAR and pacing by the police when our client is charged with Reckless Driving or Speeding in Virginia Beach, VA. Anthony always suggests reviewing the calibrations.  Pursuant to state law, the calibrations must occur within 6 months of the Reckless Driving or Speeding charge.  If the officer fails to have the calibrations with him, the Reckless Driving or Speeding charge can be dismissed.

STATE AND FEDERAL COURTS:

Anthony Montagna,  III is a successful Virginia Beach speeding ticket lawyer.  As Virginia Beach speeding ticket lawyers, who are familiar with the federal and state courts, Anthony Montagna, III  and the lawyers at his firm know how to obtain great court results in court.

When you go to court in Virginia Beach, VA for a reckless driving charge or any traffic violation, you need to understand that it requires the use of common sense.  It is also important to hire a lawyer who practices in Virginia Beach, VA and who has an office conveniently located in downtown Virginia Beach.  My Virginia Beach, VA office is located at One Columbus Center, Suite 600, PMB 025, Virginia Beach, VA 23462.  

VIRGINIA BEACH SPEEDING TICKET LAWYERS

Anthony Montagna, III, and the lawyers at the firm are successful speeding ticket and Reckless Driving Lawyers in Virginia Beach, VA.  As a Virginia Beach speeding ticket 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 Virginia Beach, VA for a speeding ticket, you need to understand that it requires the use of common sense, and it is important to hire a lawyer who practices in Virginia Beach, VA and has an office in Virginia Beach, VA.  Anthony and the lawyers at Montagna Virginia Beach Traffic Law 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 charged with any traffic violation in Virginia Beach, VA, call the experienced Virginia Beach speeding ticket lawyers at Montagna Virginia Beach Traffic Law.  Our phone number is 757-622-8056, 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, III, a proven winner. Anthony will utilize his 30+ years of experience in thinking “outside of the box” to achieve the most favorable disposition.

MILITARY WELCOME

military_branch_logos_blu.jpg

UNION WORKERS WELCOME

654 321

The address for the Virginia Beach General District Court and Circuit Court is 2425 Nimmo Parkway, Virginia Beach, VA 23456-9057.

The Presiding Judges in the Virginia Beach General District court are the following:

  • Hon. Salvatore R. Iaquinto, Presiding Judge, Chief Judge
  • Hon. Elizabeth S. Foster, Presiding Judge
  • Hon. Vivian F. Henderson, Presiding Judge
  • Hon. Daniel Roger Lahne, Presiding Judge
  • Hon. Sandra S. Menago, Presiding Judge
  • Hon. Paul David Merullo, Presiding Judge
  • Hon. Wanda J. Cooper

Court Schedule for the Virginia Beach General District court

CIVIL COURTROOM A:
   High volume attorneys first return on cases are heard Monday 
   through Friday
     at 8:30 a.m. and 9:30 a.m., all others are heard at 8:30 a.m.

   Contested cases will be set for a future date on Mondays, 
   Wednesdays, Thursdays and Fridays at
     9:30 a.m. in Civil B.

   Conflict cases (civil, criminal and traffic) are heard by 
   substitute
     judges on the second Friday of the month at 8:30 a.m.

CIVIL COURTROOM B:
   First returns on warrants, notices of motions for judgment, and 
   garnishments are heard on
     Mon. Wed., Thurs. and Fri (except 2nd Fri.) at 8:30 a.m.

   Contested matters will be scheduled for a future date
     on Mon., Wed., Thurs., and Fri. (except 2nd Fri.) at 9:30 a.m.

   Unlawful detainers are heard on Tuesdays at 8:30 a.m.

   Small claims cases are heard on the second Friday of the month 
   at 8:30 a.m.

TRAFFIC COURTROOMS A and B:
   Cases are heard daily at 8:30 a.m. and 11:00 a.m.

TRAFFIC COURTROOM C:
   DUI related cases are heard daily at 8:30 and 11:00 a.m.

   ASAP violations are heard Monday through Wednesday at 11:00 a.m.

CRIMINAL COURTROOMS 1 AND 2:
   Misdemeanors are heard Monday through Wednesday at 8:30 and 
   11:00 a.m.

   Felony preliminary hearings are held on Thursdays and Fridays at 
   8:30 a.m.

   Felony bond hearings are heard daily at 8:00 a.m. in Traffic 
   Courtroom D.

   Misdemeanor bond hearings are heard daily at 8:30 and 11:00 a.m. 
   in the courtroom in which the trial
     is scheduled. In-custody arraignments are heard in Traffic 
        Courtroom D at 2:00 p.m.

The Presiding Judges in the Virginia Beach Circuit Court are the following:

  • Hon. James Clayton Lewis, Presiding Judge, Chief Judge
  • Hon. Steven C. Frucci, Presiding Judge
  • Hon. Stephen C. Mahan, Presiding Judge
  • Hon. Anne Bonwill Shockley, Presiding Judge
  • Hon. Tanya Bullock
  • Hon. Kevin M. Duffan
  • Hon. Afshin Farashahi
  • Hon. William Revell Lewis III
If you seek information about your case in Virginia Beach, VA, please follow THIS LINK.

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.

GENERAL PENALTIES FOR A RECKLESS DRIVING CONVICTION

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 lawyer like Anthony Montagna, III or any of his partners. 

Anthony routinely obtains great results, when representing an individual charged with reckless driving or speeding in Virginia Beach. When you go to court, it is important to have a highly recommended and rated attorney, like Anthony.  

WHAT ARE THE MOST COMMON SPEEDING STATUTES IN VIRGINA?

§ 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.

§ 46.2-874. Maximum speed limit in business and residence districts.

The maximum speed shall be 25 miles per hour on highways in business or residence districts, except on interstate or other limited access highways with divided roadways or nonlimited access highways having four or more lanes and all state primary highways. The speed limit on all nonlimited access highways having four or more lanes and all state primary highways shall remain as indicated by signs posted prior to July 1, 2005, unless changed as provided by law.

§ 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.

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, speeding ticket, DUI, or suspended license charge in Virginia Beach, VA, call the Virginia Beach, VA traffic defense and reckless driving lawyers, Anthony Montagna  and the lawyers at the firm, at 757-622-8056 and understand that  you have fighters in your corner.

Martindale-Hubbell® Notable Rating Badge

AMERICAN ASSOCIATION OF DUI ATTORNEYS logo
Anthony Montagna, III is a member of AMERICAN ASSOCIATION OF DUI ATTORNEYS
Anthony Montagna, III is one of the 10 Best 2022
Anthony Montagna, III is one of the 10 Best 2022
Anthony Montagna is listed as one of the top 3 DUI lawyers in Norfolk, VA with ThreeBest Rated
Anthony Montagna is listed as one of the top 3 DUI lawyers in Norfolk, VA with ThreeBest Rated
Best of the Best: Anthony Montagna, III
Best of the Best: Anthony Montagna, III
Anthony Montagna, III has an A+ rating by the BBB
Contact Us

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Call Now

A Few of the Clients We Have Helped

  • "Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"

    Sky B.
  • "Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."

    Wesley F.
  • "Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!"

    Tiara S.
  • "I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."

    Jacob P.
  • "Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."

    Cindy Williams
  • "Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."

    Michael Moore
Tell Us About Your Experience With Attorney Anthony Montagna, III

Areas We Serve

Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg/James City County, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach and all of Virginia.

DUI, Reckless Driving, and Traffic, Divorce, Custody, and Criminal Law

Powered by Array Digital

© 2024 Anthony Montagna, III