SPEEDING TICKET LAWYERS NORTHAMPTON COUNTY VA

WERE YOU STOPPED FOR SPEEDING OR RECKLESS DRIVING ON ROUTE 13 IN EASTVILLE, EXMORE, CAPE CHARLES OR SOMEWHERE ELSE IN NORTHAMPTON COUNTY, VIRGINIA?  IF YES, CONTACT ANTHONY MONTAGNA, III, WHO HAS 30+ YEARS OF EXPERIENCE WINNING CASES AND PROVIDING HONEST AND STRAIGHTFORWARD ADVICE.

Anthony Montagna, III is your "Go To" Northampton County, VA reckless driving lawyer
Anthony Montagna, III is your “Go To” Northampton County, VA reckless driving, speeding, and traffic defense lawyer

ATTORNEY ANTHONY MONTAGNA, III

  • WINNING CASES SINCE 1993

  • UNMATCHED LEGAL REPRESENTATION AS A RECKLESS DRIVING AND SPEEDING TICKET DEFENSE LAWYER IN NORTHAMPTON COUNTY, VA

  • MILITARY, UNION, RETIRED, TEACHER, FIRST RESPONDER, AND OTHER DISCOUNTS

  • CONSULTED AND QUOTED BY REPORTERS WITH THE VIRGINIAN-PILOT

  • I KNOW THAT YOU HAVE A LOT OF LAWYERS FROM WHOM TO SELECT, BUT PLEASE KNOW I VALUE THE OPPORTUNITY TO REPRESENT YOU IN COURT

  • MANY CLIENTS CHARGED WITH DRIVING OVER 100 MPH, AND SOME OVER 130 MPH

  • FAMILIAR WITH JUDGE VINCENT AND JUDGE ROBBINS, THE TWO PRESIDING JUDGES IN THE NORTHAMPTON COUNTY, VA GENERAL DISTRICT COURT

  • PROVIDING HONEST AND STRAIGHTFORWARD ADVICE SINCE 1993

  • WE OFFER A FREE CONSULTATION TO DISCUSS YOUR CASE

  • FOLLOW THIS LINK TO SEE SOME OF MY GOOGLE REVIEWS

MONTAGNA NORTHAMPTON COUNTY SPEEDING TICKET AND TRAFFIC LAW

  • TRUSTED AND  DEDICATED REPRESENTATION

  • UNMATCHED LEGAL REPRESENTATION WHEN SEEKING A SPEEDING TICKET LAWYER OR RECKLESS DRIVING LAWYER IN NORTHAMPTON COUNTY, VA

  • WHEN EXPERIENCE AND TRUST MATTER

  • WE TREAT YOU LIKE FAMILY

  • A CLIENT FIRST LAW FIRM

  • LAWYERS THAT YOU CAN TRUST FOR HONEST AND STRAIGHTFORWARD ADVICE

  • WHEN YOU ARE DOWN, WE LIFT YOU UP

SOME OF OUR GREAT 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 around Virginia.

Some of Anthony’s case results are the following:

  1. Reckless driving, 131 mph in a 55 mph zone:  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 zoneREDUCED 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 zoneREDUCED TO IMPROPER DRIVING, $350.00 fine
  7. Reckless driving, 110 mph in a 55 mph zoneREDUCED TO IMPROPER DRIVING, $500.00 fine
  8. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
  9. Reckless driving, 107 mph in a 65 mph zone: DISMISSED
  10. Reckless driving, 107 mph in a 55 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
  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 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
  16. Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  17. Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING WITH ONLY A FINE
  18. Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: 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, 102 mph in a 55 mph zone:  REDUCED 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, 101 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
  23. Reckless driving, 101 mph in a 55 mph zone:  DISMISSED
  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 zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
  26. Reckless driving, 97 mph in a 60 mph zone: DISMISSED
  27. Reckless driving, 95 mph in a 65 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
  28. Reckless driving, 95 mph in a 55 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
  29. Reckless driving, 95 mph in a 55 mph zone: DISMISSED
  30. Reckless driving, 94 mph in a 65 mph zone: REDUCED TO SPEEDING
  31. Reckless driving, 93 mph in a 55 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
  32. Reckless driving, 93 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $250.00 FINE
  33. Reckless driving 92 mph in a 55 mph zone: DISMISSED
  34. Reckless driving, 92 mph in a 65 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION 
  35. Reckless driving 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  36. Reckless driving 91 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
  37. Reckless driving 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
  38. Reckless driving 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
  39. Reckless driving 90 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  40. Reckless driving 90 mph in a 55 mph zone: REDUCED TO SPEEDING
  41. Reckless driving 90 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
  42. Reckless driving 89 mph in a 55 mph zone: REDUCED TO SPEEDING
  43. Reckless driving 89 mph in a 55 mph zone: REDUCED TO SPEEDING
  44. Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
  45. Reckless driving 85 mph in a 60 mph zone: DISMISSED
  46. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  47. Reckless driving 83 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 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  51. Reckless driving, 80 mph in a 45 mph zone: DISMISSED
  52. Reckless driving, 80 mph in a 55 mph zone: DISMISSED
  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, 77 mph in a 55 mph zone: DISMISSED
  56. Speeding 75 mph in a 55 mph zone: DISMISSED
  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, 69 mph in a 45 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  60. Reckless driving, 62 mph in a 35 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  61. Reckless driving, 57 mph in a 30 mph zone: REDUCED TO SPEEDING, NINE MILES OVER THE POSTED SPEED LIMIT
  62. Reckless driving, 54 mph in a 25 mph zone: REDUCED TO SPEEDING, NINE MILES OVER THE POSTED SPEED LIMIT
  63. Reckless driving, 50 mph in a 25 mph zone: REDUCED TO SPEEDING

WHAT SOME CLIENTS SAY ABOUT ANTHONY MONTAGNA, III

  • Mr. Montagna is interested in what is best for his clients. He has a formula for you to follow, making it easy to see possible resolutions.
    He ensures you are in your best standing in front of the court. He represents his clients with an assured and confident nature that is alluring to watch.
    His preparations for his client is top notch.
    He communicates with law enforcement agents and the courts effectively for his clients; ensuring there are no surprises before you approach the bench.
    I would highly recommend Mr. Montagna and his employees at his firm to help you when you are in a tight spot. WORTH EVERY PENNY!!
  • “Thanks to Mr. Anthony Montagna and his team for getting my case dismissed today. I really appreciate it”
  • “Mr. Montagna represented my reckless driving case (80/55). He told me what to do from the beginning and I followed his direction. My case was reduced to speeding 9 over the speed limit. I highly recommend Mr. Montagna!!”
  • “Anthony Montagna and his team really know their stuff! You can put your full trust in this fellow for legal advice— it certainly helped me out. Tell him your story, come to an understanding about what would be most beneficial for you, follow his advice to the letter, and you won’t go wrong.”
  • “I am not a current client of Mr. Montagna, however I can say that he is not only a great lawyer, but a great person. He spent a lot of time with me discussing my reckless driving case and was patient in answering my questions, giving his opinion and advice and even giving me additional tips to help with my case. He definitely went above and beyond and I would recommend him to anyone looking for representation.”
  • “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!!”
  • “I hired Anthony to defend me on a reckless driving charge. I’m from out of state and was shocked to receive such a charge for speeding. Anthony was so supportive throughout the entire process. He managed to get my charge reduced to a speeding ticket. I don’t know what I would’ve done without his guidance. I highly recommend him!”
  • “Mr. Montagna was of great help, I highly recommend to anyone who is dealing with traffic tickets or anything of that sort. He does not play any games and makes sure that you have the best result, thank you again Anthony!”
  • “I received a reckless driving ticket in Newport News, 70/45, met with Anthony, and was very impressed with the confidence he showed me in his ability to handle my case. I retained Anthony Montagna to handle my case, and he requested that I complete several things…… attend driver improvement and RADEP classes, complete 25hrs community service, obtain speedometer calibration, obtain copy of DMV record. Went to court today and the outcome was better than I had expected……. CASE DISMISSED! Anthony Montagna is definitely the go to attorney for traffic violations.”

HIGHLY RATED NORTHAMPTON COUNTY, VA  SPEEDING TICKET LAWYER

When you go to court, it is important to have a highly recommended and rated attorney, like Anthony.  Anthony has received 130+ 5 star GOOGLE, AVVO, and FINDLAW reviews.

THREE CONVENIENT LOCATIONS:

NORFOLK, VA

425 MONTICELLO AVENUE, SUITE A, NORFOLK, VA 23510

757-625-3500

 

NEWPORT NEWS, VA

4302 HUNTINGTON AVENUE, SUITE A, NEWPORT NEWS, VA

757-625-3500 (to reach Anthony Montagna, III 24 hours a day) or 757-622-8173

VIRGINIA BEACH, VA

One Columbus Center, Ste. 600, PMB 025, Virginia Beach, VA 23462

757-625-3500 (to reach Anthony Montagna, III 24 hours a day) or 757-622-8056

FIVE STAR NORTHAMPTON COUNTY, VA RECKLESS DRIVING AND SPEEDING TICKET LAWYERS

Anthony Montagna, III, and the lawyers at Montagna Law are experienced Northampton County, VA speeding ticket and  Reckless Driving Lawyers.  As a Northampton County, VA reckless driving and speeding ticket defense lawyer, who is familiar with the federal and state courts, Anthony Montagna, III knows how to obtain great court results in court. Anthony has been providing honest and straightforward advice since 1993.

Anthony will never solicit your business by sending you a letter obtained from the Northampton County General District Court’s computer system.  Clients seek Anthony’s representation from referrals and information obtained over the internet.  Most importantly, when Anthony represents you in court, he will represent you in the same manner as if he were representing his daughter or other family member.

Although Northampton County is a very pleasant county in Virginia, the speed limits are strictly enforced by the Exmore police, the Chesapeake Bay Bridge police, the Virginia State police, the Cape Charles police, and the Sheriff’s Department in Northampton County.  Furthermore, the Court’s dockets on Tuesdays and Wednesdays are filled with individuals with charges of reckless driving and speeding.

Some of the police officers you may come into contact are Officer Hinman, Officer Zieger, Trooper Beale, Deputy Palmer, Deputy Smith, and Officer Bell.  There are many other deputies, officers, and troopers who patrol Route 13.  In any case, it is always important to hire an attorney like Anthony Montagna, III, who is familiar with the officers, deputies, and troopers.

In the Northampton County General District Court, the rotating judges preside over countless numbers of individuals, who have been charged with reckless driving and speeding. Do not take a reckless driving charge lightly.  With reckless driving, an individual generally faces up to 12 months in jail,  up to a $2,500 fine, a license suspension in VA for up to 6 months, and 6 DMV points.

When you go to court in Northampton County, VA for a reckless driving, you need to understand that it requires the use of common sense, and it is important to hire a lawyer who practices in Northampton County, VA.  Anthony and the lawyers at Montagna Law know that it is important to fight for your clients in criminal and traffic matters.

No case is too complex or too simple.  When you may go to jail for a reckless driving charge or any traffic violation in Northampton County, VA, call the experienced  Northampton County, VA reckless driving lawyers at Montagna Traffic Law.  Our phone numbers are 757-625-3500 (to reach Anthony Montagna III 24 hours a day), 757-622-8056, and 757-622-8173 and help is only a phone call away.

Northampton County reckless driving lawyers helping you
Northampton County speeding ticket and reckless driving lawyers helping you

OUR FIRM HAS 150+ YEARS OF COMBINED LEGAL EXPERIENCE 

With Anthony L. Montagna, III, you can be confident that you have an experienced, professional speeding ticket lawyer on your side for your case in Northampton County, VA. In fact, our firm has over 150+ years of combined legal experience. Anthony will fight to protect you and your family. He knows that every case is important to you, and he will battle for you in defending your reckless driving or your speeding ticket in Northampton County, VA.

BIO OF ATTORNEY 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.

FORMER MANAGING PARTNER AT MONTAGNA & MONTAGNA, P.C.

As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law.  Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, personal injury, family law, DUI and traffic, security clearance, criminal, and corporation cases.

SON OF A CAPTAIN, USNR

As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to ensure you get the results that you want. He has practiced law for over 30 years and is well known for his knowledge of the law and familiarity with the judges in Northampton County, VA.

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 college.

COMMITMENT TO YOU AND YOUR FAMILY AS A NORTHAMPTON COUNTY, VA RECKLESS DRIVING AND SPEEDING TICKET LAWYER

“Practicing law since 1993, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed to providing my Northampton County, VA reckless driving and speeding ticket clients with zealous and skillful representation. I know that my client’s reckless driving or speeding case is a serious concern, and I treat every client like I would want my family treated by an attorney. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”

BAR ADMISSIONS

  • UNITED STATES SUPREME COURT
  • UNITED STATES DISTRICT COURT – EASTERN DISTRICT OF VIRGINIA
  • UNITED STATES COURT OF APPEALS – FOURTH CIRCUIT
  • SUPREME COURT OF VIRGINIA
  • COURT OF APPEALS OF VIRGINIA

EDUCATION

1993 University of Akron School of Law, Akron, OH, J.D.
1990 University of Richmond, Richmond, VA,  B.A.,  Major: Economics, Intermediate Honors, Dean’s List

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, first responder and senior discounts.  When you need an experienced and compassionate lawyer 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

Northampton County Reckless Driving Lawyers helping military members
Northampton County, VA Reckless Driving and Speeding Ticket Lawyers helping military members

UNION WORKERS WELCOME

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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.

WHAT ARE THE SPEEDING STATUTES IN VIRGINA

I.    § 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.II.    § 46.2-871. Maximum speed limit for school buses.

The maximum speed limit for school buses shall be 45 miles per hour or the minimum speed allowable, whichever is greater, on any highway where the maximum speed limit is 55 miles per hour or less, and 60 miles per hour on all interstate highways and on other highways where the maximum speed limit is more than 55 miles per hour.III.    § 46.2-872. Maximum speed limits for vehicles operating under special permits.

The maximum speed limit shall be fifty-five miles per hour on any highway having a posted speed limit of fifty-five miles or more per hour if the vehicle or combination of vehicles is operating under a special permit issued by the Commissioner in accordance with § 46.2-1139 or § 46.2-1149.2. The Commissioner may, however, further reduce the speed limit on any permit issued in accordance with § 46.2-1139.IV.    § 46.2-873. Maximum speed limits at school crossings; penalty.

A. For the purposes of this section, “school crossing zone” means an area located within the vicinity of a school at or near a highway where the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. Such zones are marked and operated in accordance with the requirements of this section with appropriate warning signs or other traffic control devices indicating that a school crossing is in progress.B. The maximum speed limit shall be 25 miles per hour between portable signs, tilt-over signs, or fixed blinking signs placed in or along any highway and bearing the word “school” or “school crossing.” Any signs erected under this section shall be placed not more than 750 feet from the limits of the school property or crossing in the vicinity of the school. However, “school crossing” signs may be placed in any location if the Department of Transportation or the council of the city or town or the board of supervisors of a county maintaining its own system of secondary roads approves the crossing for such signs. If the portion of the highway to be posted is within the limits of a city or town, such portable signs shall be furnished and delivered by such city or town. If the portion of highway to be posted is outside the limits of a city or town, such portable signs shall be furnished and delivered by the Department of Transportation. The principal or chief administrative officer of each school or a school board designee, preferably not a classroom teacher, shall place such portable signs in the highway at a point not more than 750 feet from the limits of the school property and remove such signs when their presence is no longer required by this section. Such portable signs, tilt-over signs, or fixed blinking signs shall be placed in a position plainly visible to vehicular traffic approaching from either direction, but shall not be placed so as to obstruct the roadway.C. Such portable signs, tilt-over signs, or blinking signs shall be in a position, or be turned on, for 30 minutes preceding regular school hours, for 30 minutes thereafter, and during such other times as the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. The governing body of any county, city, or town may, however, decrease the period of time preceding and following regular school hours during which such portable signs, tilt-over signs, or blinking signs shall be in position or lit if it determines that no children will be going to or from school during the period of time that it subtracts from the 30-minute period.D. The governing body of any city or town may, if the portion of the highway to be posted is within the limits of such city or town, increase or decrease the speed limit provided in this section only after justification for such increase or decrease has been shown by an engineering and traffic investigation, and no such increase or decrease in speed limit shall be effective unless such increased or decreased speed limit is conspicuously posted on the portable signs, tilt-over signs, or fixed blinking signs required by this section.

E. The governing body of a county within Planning District 8 may, if the portion of the highway to be posted is within the limits of such county, increase or decrease the speed limit provided in this section only after justification for such increase or decrease has been shown by an engineering and traffic investigation, and no such increase or decrease in speed limit shall be effective unless such increased or decreased speed limit is conspicuously posted on the portable signs, tilt-over signs, or fixed blinking signs required by this section.

F. The City of Virginia Beach may establish school zones as provided in this section and mark such zones with flashing warning lights as provided in this section on and along all highways adjacent to Route 58.

G. Any person operating any motor vehicle in excess of a maximum speed limit established specifically for a school crossing zone when such school crossing zone is (i) indicated by appropriately placed signs displaying the maximum speed limit and (ii) in operation pursuant to subsection B shall be guilty of a traffic infraction punishable by a fine of not more than $250, in addition to other penalties provided by law.

H. Notwithstanding the foregoing provisions of this section, the maximum speed limit in school zones in residential areas may be decreased to 15 miles per hour if (i) the school board having jurisdiction over the school nearest to the affected school zone passes a resolution requesting the reduction of the maximum speed limit for such school zone from 25 miles per hour to 15 miles per hour and (ii) the local governing body of the jurisdiction in which such school is located enacts an ordinance establishing the speed-limit reduction requested by the school board.

V.    § 46.2-873.1. Maximum speed limit on nonsurface-treated highways.

The maximum speed limit on nonsurface-treated highways, which are roads that are comprised of an earth-aggregate or aggregate surface (i.e., dirt and gravel) that have not been stabilized with a bituminous or cementitious material, shall be 35 miles per hour. The maximum speed limit upon such highways may be increased or decreased by the Commissioner of Highways or other authority having jurisdiction over highways. However, such increased or decreased maximum speed limit shall be effective only when indicated by sign on the highway. For such highways upon which maximum speed limit is not indicated by sign, the maximum speed limit shall be 35 miles per hour.VI.    § 46.2-873.2. Maximum speed limit on rural rustic roads.

The maximum speed limit on any highway designated a rural rustic road pursuant to § 33.2-332 shall be 35 miles per hour; however, all speed limits on rural rustic roads in effect on July 1, 2008, shall remain in effect unless and until changed subsequent to a traffic engineering study.VII.  § 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.VIII. § 46.2-874.1. Authority to increase penalties in residence districts.

A. The governing body of any town with a population between 14,000 and 15,000 may by ordinance (i) prohibit the operation of a motor vehicle at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit in a residence district and (ii) provide that any person who violates the prohibition shall be subject to a mandatory civil penalty of $100, not subject to suspension.B. The governing body of the City of Falls Church, or the City of Manassas may by ordinance (i) prohibit the operation of a motor vehicle at a speed of fifteen miles per hour or more in excess of the applicable maximum speed limit in a residence district, as defined in § 46.2-100 of the Code of Virginia, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, and (ii) provide that any person who violates the prohibition shall be subject to a civil penalty of $100, in addition to other penalty provided by law.IX. § 46.2-875. Maximum speed limit on certain other highways in cities and towns.

The maximum speed limit shall be 35 miles per hour on highways in any city or town, except on interstate or other limited access highways with divided roadways and in business or residence districts. However, municipalities that maintain their own roads may increase or decrease speed limits on highways over which they have jurisdiction following appropriate traffic engineering investigation.X.  § 46.2-876. Maximum speed limit for passenger vehicles towing certain trailers.

The maximum speed limit for passenger motor vehicles while towing utility, camping, or boat trailers not exceeding an actual gross weight of 2,500 pounds shall be the same as that for passenger motor vehicles.XI. § 46.2-877. Minimum speed limits.

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.Whenever the Commissioner of Highways or local authorities within their respective jurisdictions determine on the basis of a traffic engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Commissioner or such local authority may determine and declare a minimum speed limit to be set forth on signs posted on such highway below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.XII. § 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.XIII. § 46.2-878.1. Maximum speed limits in highway work zones; penalty.

Operation of any motor vehicle in excess of a maximum speed limit established specifically for a highway work zone, when workers are present and when such highway work zone is indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of not more than $500.For the purposes of this section, “highway work zone” means a construction or maintenance area that is located on or beside a highway and marked by appropriate warning signs and, for projects covered by contracts entered into on or after July 1, 2012, with attached flashing lights or other traffic control devices indicating that work is in progress.Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of any motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb, or property.XIV. § 46.2-878.2. Maximum speed limits in certain residence districts of counties, cities, and towns; penalty.

Operation of any motor vehicle in excess of a maximum speed limit established for a highway in a residence district of a county, city, or town, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of $200, in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders 20 hours of community service. The Commissioner of Highways or any local governing body having jurisdiction over highways shall develop criteria for the overall applicability for the installation of signs. Such criteria shall not exclude highways, functionally classified as minor arterials, serving areas that either (i) were built as residential developments or (ii) have grown to resemble residential developments, provided, in either case, (a) such highways are experiencing documented speeding problems and (b) the local governing body requests the application of this section to such highway. Such signs may be installed in any town and shall not require the approval of the county within which such town is located. Any such signs installed in any town shall be paid for by the town requesting the installation of the signs, or out of the county’s secondary system construction allocation.XV. § 46.2-878.2:1. Maximum speed limits on certain roads.

Operation of any motor vehicle in excess of the maximum speed limit established for U.S. Route 15 and U.S. Route 17 in Fauquier County, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and shall constitute a traffic infraction punishable by a fine of $15, in addition to other penalties provided by law. Subject to the issuance of a permit by the Commissioner of Highways, the county may, at its own expense, install and maintain such signs.XVI. § 46.2-878.3. Prepayment of fines for violations of speed limits.

Except as otherwise provided in this section, the Traffic Infractions and Uniform Fine Schedule adopted by the Supreme Court for prepayment of fines shall, in all instances where prepayment of a fine is permitted, include a fine of $6 per mile-per-hour in excess of posted speed limits provided for in this article. However, such Traffic Infractions and Uniform Fine Schedule shall include a fine of $7 per mile-per-hour in excess of posted speed limits for a violation of §§ 46.2-873 and 46.2-878.1 and $8 per mile-per-hour in excess of posted speed limits for a violation of § 46.2-878.2. Any person who drives a motor vehicle at a speed in excess of 80 miles per hour but below 86 miles per hour on any highway in the Commonwealth having a maximum speed limit of 65 miles per hour shall be subject to an additional fine of $100.XVII. § 46.2-879. No conviction for speeding in certain areas unless markers installed.

No person shall be convicted of a violation of a statute or an ordinance enacted by local authorities pursuant to the provisions of § 46.2-1300 decreasing the speed limit established in this article when such person has exceeded the speed limit in an area where the speed limit has been decreased unless such area is clearly indicated by a conspicuous marker at the termini of such area.XVIII. § 46.2-880. Tables of speed and stopping distances.

All courts shall take notice of the following tables of speed and stopping distances of motor vehicles, which shall not raise a presumption, in actions in which inquiry thereon is pertinent to the issues:

a SPEED IN AVERAGE STOPPING DISTANCES TOTAL STOPPING
b

Avg Driver DISTANCES:
c

Truck Brakes Perception- DRIVER AND
d Miles Feet Automobile Brakes on Reaction Time

e Per Per Brakes All Wheels (1.5 Seconds) Automobiles Trucks
f Hour Second (In Feet) (In Feet) (In Feet) (In Feet) (In Feet)
g 10 14.7 5 6 22 27 28
h 15 22.0 11 14 33 44 47
i 20 29.3 19 25 44 63 69
j 25 36.7 30 40 55 85 95
k 30 44.0 43 57 66 109 123
l 35 51.3 58 78 77 135 155
m 40 58.7 76 102 88 164 190
n 45 66.0 96 129 99 195 228
o 50 73.3 119 159 110 229 269
p 55 80.7 144 192 121 265 313
q 60 88.0 171 229 132 303 361
r 65 95.3 201 268 143 344 411
s 70 102.7 233 311 154 387 465
t 75 110.0 268 357 165 433 522
u 80 117.3 305 406 176 481 582
v 85 124.7 344 459 187 531 646
w 90 132.0 386 514 198 584 712
x 95 139.3 430 573 209 639 782
y 100 146.7 476 635 220 696 855

The courts shall further take notice that the above table has been constructed, using scientific reasoning, to provide factfinders with an average baseline for motor vehicle stopping distances: (1) for a vehicle in good condition and (2) on a level, dry stretch of highway, free from loose material.

Deviations from these circumstances do not negate the usefulness of the table, but rather call for additional site-specific examination and/or explanation.

Site-specific research may be utilized under any circumstances.

XIX. § 46.2-881. Special speed limitation on bridges, tunnels and interstates.

It shall be unlawful to drive any motor vehicle, trailer, or semitrailer on any public bridge, causeway, viaduct, or in any tunnel, or on any interstate at a speed exceeding that indicated as a maximum by signs posted thereon or at its approach by or on the authority of the Commissioner of Highways.The Commissioner of Highways, on request or on his own initiative, may conduct an investigation of any public bridge, causeway, viaduct, tunnel, or interstate and, on the basis of his findings, may set the maximum speed of vehicles which such structure or roadway can withstand or which is necessitated in consideration of the benefit and safety of the traveling public and the safety of the structure or roadway. The Commissioner of Highways is expressly authorized to establish and indicate variable speed limits on such structures or roadways to be effective under such conditions as would in his judgment, warrant such variable limits, including but not limited to darkness, traffic conditions, atmospheric conditions, weather, emergencies, and like conditions which may affect driving safety. Any speed limits, whether fixed or variable, shall be prominently posted in such proximity to such structure or roadway as deemed appropriate by the Commissioner of Highways. The findings of the Commissioner shall be conclusive evidence of the maximum safe speed which can be maintained on such structure or roadway.XX. § 46.2-882. Determining speed with various devices; certificate as to accuracy of device; arrest without warrant.

The speed of any motor vehicle may be determined by the use of (i) a laser speed determination device, (ii) radar, (iii) a microcomputer device that is physically connected to an odometer cable and both measures and records distance traveled and elapsed time to determine the average speed of a motor vehicle, or (iv) a microcomputer device that is located aboard an airplane or helicopter and measures and records distance traveled and elapsed time to determine the average speed of a motor vehicle being operated on highways within the Interstate System of highways as defined in § 33.2-100. The speed of motor vehicles may be determined by the use of a photo speed monitoring device as authorized in § 46.2-882.1. The results of such determinations shall be accepted as prima facie evidence of the speed of such motor vehicle in any court or legal proceeding where the speed of the motor vehicle is at issue.In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, microcomputer device, or photo speed monitoring device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (a) the speedometer of any vehicle, (b) any tuning fork employed in calibrating or testing the radar or other speed determination device, or (c) any other method employed in calibrating or testing any laser speed determination device or photo speed monitoring device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of any device other than a photo speed monitoring device shall be valid for longer than six months. No calibration or testing of a photo speed monitoring device shall be valid for longer than 12 months.The driver of any such motor vehicle may be arrested without a warrant under this section if the arresting officer is in uniform and displays his badge of authority and if the officer has observed the registration of the speed of such motor vehicle by the laser speed determination device, radar, or microcomputer device as described in this section, or has received a radio message from the officer who observed the speed of the motor vehicle registered by the laser speed determination device, radar, or microcomputer device as described in this section. However, in case of an arrest based on such a message, such radio message shall have been dispatched immediately after the speed of the motor vehicle was registered and furnished the license number or other positive identification of the vehicle and the registered speed to the arresting officer.Neither State Police officers nor local law-enforcement officers shall use laser speed determination devices or radar, as described herein in airplanes or helicopters for the purpose of determining the speed of motor vehicles.

State Police officers may use laser speed determination devices, radar, and/or microcomputer devices as described in this section. All localities may use radar and laser speed determination devices to measure speed. State Police officers and local law-enforcement may use photo speed monitoring devices to measure speed as authorized in § 46.2-882.1. The Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park and the Counties of Arlington, Fairfax, Loudoun, and Prince William and towns within such counties may use microcomputer devices as described in this section.

The Division of Purchases and Supply, pursuant to § 2.2-1112, shall determine the proper equipment used to determine the speed of motor vehicles and shall advise the respective law-enforcement officials of the same. Police chiefs and sheriffs shall ensure that all such equipment and devices purchased on or after July 1, 1986, meet or exceed the standards established by the Division.

XXI. § 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.

XXII. § 46.2-883. Signs indicating legal rate of speed and measurement of speed by radar.

Signs to indicate the legal rate of speed and that the speed of motor vehicles may be measured by radar or other electrical devices shall be placed at or near the State boundary on those interstate and primary highways which connect the Commonwealth to other jurisdictions at such locations as the Commissioner of Highways, in his discretion, may select. There shall be a prima facie presumption that such signs were placed at the time of the commission of the offense of exceeding the legal rate of speed, and a certificate by the Commissioner of Highways as to the placing of such signs shall be admissible in evidence to support or rebut the presumption. Such legal rate of speed and notice of measurement of speed by radar or other electrical devices may be posted on different signs and need not be posted on the same sign.

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JUDGES IN THE NORTHAMPTON COUNTY GENERAL DISTRICT COURT

  • Hon. Gordon S. Vincent, Presiding Judge, Chief Judge
  • Hon. Patrick A. Robbins

COURT SCHEDULE FOR NORTHAMPTON COUNTY GENERAL DISTRICT COURT

Monday
   10:00 a.m., Civil Returns and Unlawful Detainers
   11:00 a.m., Civil Contested Cases
   1:30 p.m., Contested Civil or Miscellaneous (Scheduled by Judge)
Tuesday
   9:00 a.m., Traffic - State Police
   10:00 a.m., Traffic - Chesapeake Bay Bridge Tunnel
   11:00 p.m., Traffic - State Police
     1st - Virginia Park Police
     2nd - Game Wardens
     3rd, 4th - Virginia Marine Police
   1:30 p.m., Traffic - Exmore
Wednesday
   9:00 a.m., Traffic - Northampton County Sheriffs
   10:00 a.m., Traffic - Eastville
   1:30 p.m., 3rd - VASAP, Community Corrections Pre-Trial Services
   1:30 p.m., 1st, 2nd - Contested DUI Cases (Scheduled by attorneys & 
   Clerk)
     3rd, 4th, 5th - Contested Civil or Miscellaneous (Scheduled by 
        Judge)
   Thursday
   9:30 a.m., Arraignments
   10:00 a.m., Misdemeanors
   11:00 a.m., Preliminary Hearings
   1:30 p.m., Contested Civil or Miscellaneous (Scheduled by Judge)
Friday (1st, 4th & 5th)
   9:00 a.m., Contested Civil or Miscellaneous (Scheduled by Judge)
   10:00 a.m., Contested Civil or Miscellaneous (Scheduled by 
   Judge)

CONTINUANCE POLICY OF NORTHAMPTON COUNTY GENERAL DISTRICT COURT

Traffic cases: A first continuance may be granted by the clerk, but only to the police officer’s next scheduled court date. Subsequent continuances by Judge only. Criminal cases: Contact the clerk and the Commonwealth’s Attorney (if involved). Judge’s approval may be required. Civil cases: Contact the clerk and the opposing party or attorney. Before the first return date, the clerk may continue cases when process has not yet been served, and after service, with the agreement of all parties. Subsequent continuances by Judge only. Continuances of scheduled contested cases by Judge only, for good cause

JUDGES IN THE NORTHAMPTON COUNTY CIRCUIT COURT

  • Hon. James Clayton Lewis, Chief Judge
  • Hon. Tanya Bullock
  • Hon. Kevin M. Duffan
  • Hon. Afshin Farashahi
  • Hon. Steven C. Frucci
  • Hon. Stephen C. Mahan

TERMS OF COURT AND GENERAL INFORMATION FOR NORTHAMPTON COUNTY CIRCUIT COURT

  • Terms begin, 2nd Monday, Jan., March, May, July, Sept., & Nov.
  • Grand Juries, 1st day of Term.
  • Docket call held the 2nd Monday in Jan., March, May, July, Sept., & Nov. at 10:00 a.m.
  • Court convenes 9:30 a.m.
  • Motions and other pretrial hearings will be heard on the 2nd Friday of each month at 9:30 a.m. by scheduling a hearing with Court’s Judicial Assistant to be placed on the motions docket for that day.
  • Cases set by written request submitted one (1) business day previous to docket call, or by praecipe, followed by appearance at docket call held on 2nd Monday (Term Day) of odd months at 10:00 a.m.
  • Commissioners in Chancery are utilized.
  • Supreme Court Deed Calculation Page is required as the cover sheet for all land recordings. Tax Map Numbers are required.
  • All civil filings require a (Form CC-1416) Cover Sheet for Filing Civil Actions.
  • Arraignments: Tuesday at 1:30 p.m. by the General District Court; Mondays at 11:30 a.m. by the J&DR Court (domestic and juvenile related indictments only).

IF YOU WANT THE BEST RESULTS IN COURT FOR A RECKLESS DRIVING CHARGE OR A SPEEDING TICKET, THE FIVE RULES TO FOLLOW ARE THE FOLLOWING:

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 Northampton County, Virginia, call the traffic defense and reckless driving lawyers, Anthony Montagna, III  and Montagna Law, at 757-625-3500 and understand that  you have fighters in your corner.

DIRECTIONS TO NORTHAMPTON COUNTY, VA CIRCUIT AND GENERAL DISTRICT COURTS:

  • FROM ROUTE 13 SOUTH ( ACCOMACK COUNTY AND BEYOND): TAKE 13 South, Turn Right to Take 13 Business North (Courthouse Road), Continue on 13 Business North for 1.5 miles
  • FROM ROUTE 13 NORTH (VIRGINIA BEACH AND BEYOND): TAKE 13 North, Turn Left to Take 13 Business North (Courthouse Road), Continue on 13 Business North for 1.5 miles

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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

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