Traffic Ticket Lawyers Newport News, VA

TRAFFIC VIOLATION LAWYERS

ATTORNEY ANTHONY MONTAGNA, III

  • EXPERIENCED WITH RECKLESS DRIVING AND TRAFFIC CASES IN NEWPORT NEWS, VA
  • FREE CONSULTATION
  • PAYMENT PLANS
  • WINNING RECKLESS DRIVING CASES IN NEWPORT NEWS, VA SINCE 1993
  • NUMEROUS RECKLESS DRIVING CASES IN VA OVER 105+ MPH
  • MANY DRIVING ON A SUSPENDED LICENSE CHARGES DISMISSED
  • MILITARY, UNION, RETIRED, TEACHER, AND FIRST RESPONDER DISCOUNTS
  • 4302 HUNTINGTON AVENUE, SUITE A, NEWPORT NEWS, VA 23607
  • 757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY) or 757-380-622-8173
  • YOUR “GO TO NEWPORT NEWS TRAFFIC TICKET LAWYER”
  • A LAWYER THAT OTHER LAWYERS COME TO FOR ADVICE
  • FOLLOW THIS LINK TO SEE MY GOOGLE REVIEWS

MONTAGNA NEWPORT NEWS TRAFFIC DEFENSE LAW

  • PROVIDING HONEST AND STRAIGHT FORWARD ADVICE
  • 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!

HIGHLY RATED NEWPORT NEWS TRAFFIC DEFENSE LAWYERS:

When you go to court, it is important to have a highly recommended and rated Newport News traffic defense lawyer, like Anthony and the lawyers at Montagna Law.  Anthony has received over ONE HUNDRED THIRTY (150) 5 star GOOGLE, 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:

  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, 116 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $250.00 fine
  3. Reckless driving, 112 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, $250.00 fine
  4. Reckless driving, 112 mph in a 55 mph zone: DISMISSED
  5. Reckless driving, Racing:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
  6. Reckless driving, 110 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, $500.00 fine
  7. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
  8. Reckless driving, 107 mph in a 65 mph zone: DISMISSED
  9. Reckless driving, 107 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  10. Reckless driving, 106 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  11. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
  12. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
  13. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
  14. Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  15. Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: DISMISSED
  16. Reckless driving, 102 mph in a 55 mph zoneREDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
  17. Reckless driving, 102 mph in a 55 mph zoneREDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
  18. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
  19. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION WITH $300.00 fine
  20. Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING WITH NO ACTIVE JAIL TIME
  21. Reckless driving, 102 mph in a 60 mph zone: DISMISSED
  22. Reckless driving, 101 mph in a 55 mph zoneREDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
  23. Reckless driving, 101 mph in a 55 mph zoneDISMISSED
  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, 98 mph in a 60 mph zoneREDUCED 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, 94 mph in a 65 mph zone: REDUCED TO SPEEDING
  32. Reckless driving, 94 mph in a 55 mph zone: DISMISSED
  33. Reckless driving, 93 mph in a 65 mph zone: REDUCED TO SPEEDING
  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, 89 mph in a 55 mph zone, REDUCED TO SPEEDING
  44. Reckless driving, 87 mph in a 55 mph zone, REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  45. Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
  46. Reckless driving 85 mph in a 60 mph zone: DISMISSED
  47. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  48. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  49. Reckless driving 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
  50. Reckless driving 81 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, 68 mph in a 45 mph zone: DISMISSED
  60. Reckless driving, 62 mph in a 35 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  61. Reckless driving, 50 mph in a 25 mph zone: REDUCED TO SPEEDING
  62. Reckless driving involving an accident that totaled client’s vehicle and involving a trash truck: DISMISSED
  63. Speeding charge: DISMISSED
  64. Speeding charge: REDUCED TO DEFECTIVE EQUIPMENT
  65. Driving on a Suspended License: DISMISSED
  66. Driving on a Suspended License: REDUCED TO NO OPERATOR’S LICENSE
  67. Driving on a Suspended License: REDUCED FAIL TO CARRY OPERATOR’S LICENSE
  68. Following too closely: DISMISSED

WHAT SOME 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 a lot. 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, speeding or traffic charge in Newport News, VA. Anthony will fight to protect you in court. As the “Go To” Newport News Reckless Driving and traffc ticket 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 and traffic ticket 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 Montagna Traffic Law 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.

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 29 years and is well known for his knowledge of the law and familiarity with the judges in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads.

COMMITMENT TO CLIENTS:

 “With more than 30 years of traffic defense experience, I know each traffic ticket case in Newport News, VA is different, and I provide personalized attention for each client,” says Anthony. “I am committed to providing my Newport News, VA traffic clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”

TRIAL TESTED:

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

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

A PREEMINENT TRAFFIC DEFENSE LAWYER IN NEWPORT NEWS

Anthony Montagna, III is one of the preeminent Newport News Traffic Defense Lawyers.  He represents students, local, vacationers, and military service men and women in Newport News, VA and throughout Virginia.

He has practiced law for over 30 years.  During Anthony’s legal career, he has handled many simple and complex traffic cases.  Anthony is particularly skilled in the defense of DUIreckless drivingsuspended operator license, speeding, following too close, improper lane change, aggressive driving, hit and run, and habitual offender charges.  When you need one of the best traffic lawyers in Newport News, , VA , call Anthony Montagna, III.

FREE CONSULTATION

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

MILITARY WELCOME

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UNION WORKERS WELCOME

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Anthony Montagna prides himself in giving back to our brave military men and women.  Anthony offers a military discount and encourages his military clients to recommend his services to their friends and family.

A+ RATED BY THE BETTER BUSINESS BUREAU

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

TRAFFIC CASES HANDLED BY ANTHONY MONTAGNA

WHAT IS RECKLESS DRIVING?

I. VA CODE ANN. § 46.2-852

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

 II. VA Code Ann. § 46.2-853

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

III. VA Code Ann. § 46.2-854

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

 IV. VA Code Ann. § 46.2-855

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

V. VA Code Ann. § 46.2-856

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

VI. VA Code Ann. § 46.2-857

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

VIIVA Code Ann. § 46.2-858

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

VIII. VA Code Ann. § 46.2-859

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

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

IX. VA Code Ann. § 46.2-860

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

XVA Code Ann. § 46.2-861

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

XIVA Code Ann. § 46.2-862

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

XII. VA Code Ann. § 46.2-863

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

 XIII. VA Code Ann. § 46.2-864

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

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

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

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

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

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.

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  • "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!"

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