TOP FIVE QUESTIONS FOR RECKLESS DRIVING LAWYERS NEWPORT NEWS VA - Montagna Family & Criminal Law
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TOP FIVE QUESTIONS FOR RECKLESS DRIVING LAWYERS NEWPORT NEWS VA

Anthony Tony Montagna Norfolk family and criminal law attorney

HIGHLY RATED:

When you go to court, it is important to have a highly recommended and rated attorney, like Anthony. Anthony has received numerous 5 star GOOGLE 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: 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: 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: 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 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  9. Reckless driving, 106 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  10. Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  11. 101 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
  12. Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: DISMISSED
  13. Reckless driving, 102 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
  14. Reckless driving, 102 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
  15. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
  16. Reckless driving, 95 mph a 55 mph zone, reduced to speeding (19 mph over the speed limit)
  17. Reckless driving, 95 mph a 60 mph zone, reduced to speeding (19 mph over the speed limit)
  18. 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
  19. Reckless driving, 93 mph in a 55 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
  20. Reckless driving 92 mph in a 55 mph zone: DISMISSED
  21. Reckless driving 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  22. Reckless driving 89 mph in a 65 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  23. Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
  24. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  25. Reckless driving 84 mph in a 45 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  26. Reckless driving 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  27. Reckless driving 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  28. Reckless driving 78 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  29. Reckless driving, 77 mph in a 55 mph zone, REDUCED TO SPEEDING
  30. Reckless driving, 76 mph in a 45 mph zone, DISMISSED
  31. Reckless driving 76 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  32. Reckless driving 75 mph in a 45 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
  33. Reckless driving, 72 mph in a 45 mph zone, DISMISSED
  34. Reckless driving: DISMISSED
  35. Reckless driving: DISMISSED
  36. Reckless driving: DISMISSED
  37. Reckless driving: REDUCED TO SPEEDING, 19 MILES OVER THE SPEED LIMIT
  38. Reckless Driving: DISMISSED
  39. Reckless Driving in Chesapeake: DISMISSED
  40. Reckless Driving in Norfolk: DISMISSED

READ OUR GOOGLE REVIEWS (OVER 65 FIVE STAR REVIEWS)

BIO OF ANTHONY MONTAGNA, III:

Anthony was born on August 19, 2024 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 17 and attends Norfolk Academy.

EDUCATION:

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

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

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

SON OF A CAPTAIN, USNR:

As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to ensure you get the results that you want. He has practiced law for over 27 years and is well known for his knowledge of the law and familiarity with the judges in Newport News, and all of Hampton Roads, VA.

COMMITMENT TO CLIENTS:

“With almost 28 years of experience, I know each reckless driving case in Newport News, VA is different, and I provide personalized attention for each client,” says Anthony. “I am committed to providing my clients with zealous and skillful representation. I know that my client’s reckless driving case in Newport News, VA is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”

WE THINK OUTSIDE OF THE BOX TO WIN CASES

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.

BAR ADMISSIONS:

U.S. District Court-Eastern District of Virginia
U.S. Court of Appeals 4th Circuit
Virginia Supreme Court
U.S. Supreme Court

EXPERIENCED RECKLESS DRIVING DEFENSE LAWYER:

Anthony Montagna, III is one of the preeminent reckless driving lawyers in Newport News and his address is 4302 Huntington Avenue, Newport News, VA 23607. As a Newport News reckless driving attorney, who is familiar with the federal and state courts, Anthony knows how to obtain great results in court.

WHY YOU SHOULD HIRE LOCAL COUNSEL FOR YOUR RECKLESS DRIVING CASE IN NEWPORT NEWS, VA

When you go to court in Newport News, VA for a reckless driving charge, you need to understand that it requires the use of common sense, and it is important to hire a lawyer from Newport News, VA who is tough as nails. The local judges in Newport News, VA know which attorneys are the skilled reckless driving lawyers. Familiarity with the local judge’s in Newport News, VA for reckless driving cases allow Anthony to develop a winning strategy. Most importantly, Anthony Montagna, III and the other lawyers in the firm have over 175 years of combined legal experience.

REASONABLE FEES FOR RECKLESS DRIVING CASES

In addition to obtaining millions of dollars as compensation for injured parties, Anthony and his partners at Montagna Klein Camden LLP know that it is important to fight for your clients in criminal and traffic matters. No case is too complex or too simple. Many of our clients are locals, vacationers, union workers, students, and military men and women. We have reasonable fees and offer union, student, senior, and military discounts

HIGHLY RATED AND SKILLED LAWYERS YOU CAN TRUST

When you need an experienced and compassionate lawyer in Newport News for a reckless driving, DUI or any traffic violation, rely on your common sense in selecting an attorney. A successful Newport News reckless driving lawyer has experience, drive, compassion, and knowledge. When you hire Anthony Montagna, III, you will hire an attorney who has represented civilian and military personnel for over 27 years and is A+ rated by the Better Business Bureau.

The address for the Newport News General District Court and Circuit Court is 2500 Washington Avenue, Newport News, Virginia 23607.

TOP FIVE QUESTIONS:

I. WHAT IS THE PRIMARY REASON PEOPLE ARE CHARGED WITH RECKLESS DRIVING? Driving 20 mph or more over the speed limit.

II. IS SPEEDING 20 MPH OR MORE OVER THE SPEED LIMIT THE ONLY WAY ONE CAN BE FOUND GUILTY OF RECKLESS DRIVING? No. If you travel 85 mph or more, regardless of the speed limit you can be found guilty of reckless driving. Additionally, you can be charged with reckless driving for an accident or for reckless operation of your vehicle.

III. WHAT ARE SOME OF YOUR RECENT COURT ROOM RESULTS? Although every case is different and results in one case do not guarantee results in another case, some of my recent results are the following:

  • 83 mph in a 55 mph zone in Norfolk-Reduced to Defective Equipment
  • 104 mph in a 55 mph zone in Norfolk-Reduced to Improper Driving
  • 91 mph in a 55 mph zone in Chesapeake-Reduced to Defective Equipment
  • 91 mph with alcohol in Newport News-Reduced to Speeding

IV. WHAT SHOULD I DO IF I AM ARRESTED? You should provide the arresting officer with your name, address, and social security number. If the officer asks you any questions, you should advise the officer of your desire to remain silent and request an attorney. In any case you should not allow the officer to take a statement from you.

V. WHAT ARE THE RECKLESS DRIVING, IMPROPER DRIVING, RACING, AND AGGRESSIVE DRIVING STATUTES?

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. patrons, or employees; or

XIII. VA Code Ann. § 46.2-865.1

Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross,wanton and culpable as to show a reckless disregard for human life:

1. Causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony; or

2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

B. Upon conviction, the court shall suspend the driver’s license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2-398.

XIV. VA Code Ann. § 46.2-866

Any person, although not engaged in a race as defined in § 46.2-865, who aids or abets any such race shall be guilty of a Class 1 misdemeanor.

XV. VA Code Ann. § 46.2-867

If the owner of a motor vehicle (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of § 46.2-865, (ii) is present in the vehicle which is being operated by another in violation of § 46.2-865, and knowingly consents to the racing, or (iii) is convicted of a violation of § 46.2-865.1, the vehicle shall be seized and shall be forfeited to the Commonwealth, and upon being condemned as forfeited in proceedings under Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, the proceeds of sale shall be disposed of according to law. Such sections shall apply mutatis mutandis. The penalties imposed by these sections are in addition to any other penalty imposed by law.

XVI. VA Cod.e Ann. § 46.2-868

A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

  1. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.
  2. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-1078.1 shall include a mandatory minimum fine of $250.

XVII. VA Code Ann. § 46.2-868.1

A. A person is guilty of aggressive driving if (i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.

B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.

XVIII. VA Code Ann. § 46.2-869

Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.

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