Virginia Beach Beach Reckless Driving Lawyer Discusses VA Code §46.2-862

Anthony Montagna, III is a Virginia Beach reckless driving defense lawyer

§46.2 of the Code of Virginia, 1950, As Amended

In Virginia Beach and throughout VA, people can be charged with reckless driving for a number of reasons.  However, in my opinion, the majority of reckless driving charges in Virginia Beach and throughout VA are based on §46.2-862 of the Code of Virginia, 1950, as amended. Section 46.2-862 of the Code of Virginia, 1950, as amended states,

“A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.”

Pacing, LIDAR, and RADAR

If you are charged with reckless driving in Norfolk, VA or elsewhere in VA for driving 20 or more miles over the speed limit or in excess of 85 mph regardless of the applicable speed limit, the police probably stopped you because of the following:

• Pacing: when the police officer drives beside or behind your vehicle for a certain distance.  While the Virginia Courts and statutes do not define the distance, in the Virginia Beach Courts,  the distance is usually for .2 miles or more.  However, I have argued on more than a few occasions that the speed must be constant without the any acceleration or deceleration for the stated distance.  Unfortunately, Judges in Virginia Beach and elsewhere in VA frequently do not agree with my arguments.
• RADAR: An acronym for Radio Detection and Ranging Technologies.  When a police officer operates RADAR, he is using a device that emits a continuous wave that is unmodulated , and it registers reflections or “echoes” from vehicles that are moving.  When a vehicle travels, reflections occur that are frequency shifted.  Faster cars have greater frequency shifts. Moving RADAR is more involved than stationary RADAR. Generally, the frequency reflection of the  target is shifted by the relative speed of the target vehicle and the moving RADAR.  To determine the target vehicle’s relative speed,  you add the target vehicle’s and police officer’s vehicle’s speeds that are being operated in opposite directions on the roadway or when the target vehicle and patrol car are being operated in the same direction, you determine the difference between the speed of the target vehicle and speed of the police car.
• LIDAR: An  acronym for Light Amplification by Stimulated Emissions of Radiation.  LADAR’s, Laser Detection and Ranging, and LIDAR’s, Light Detection and Ranging, are different types of laser technology.  To measure the target range, the laser device transmits pulsed laser light.  Additionally, the laser device must be stationary.  A minimum of two pulses from the laser device must occur  with at least two range measurements to determine speed.  The change in target range equals the speed of the target vehicle.

Problems with RADAR in Virginia Beach, VA

1. Moving RADAR in police car suddenly changes speed
2. Radio Frequency Interference
3. Field disturbance Sensors
4. Mechanical Interference
5. Natural Interference
6. Unintentional Forms of Radiation
7. Operator Error
8. Multiple Vehicles in the RADAR Beam

Problems with LASER in Virginia Beach, VA

1. 1. Accuracy
   2. Shooting the Laser through Glass
   3. Target Acceleration or Deceleration
   4. Conditions in the Atmosphere
   5. Variations in Range
   6. Operational Error

How to Challenge RADAR and LIDAR Results in Virginia Beach, VA

1. 1. Hire an experienced lawyer familiar with LASER and RADAR technology
   2. Hire an expert witness
   3. Vigorously cross examine the police officer
   4. Accuracy Shooting the Laser through Glass

Expert in Reckless Driving Defenses

Anthony Montagna, III  with over 31 years of experience is an expert in defending reckless driving cases in . Anthony Montagna, III is an expert in defending reckless driving cases  in Virginia Beach for several reasons, which are typically found in experienced criminal defense attorneys who specialize in traffic violations and motor vehicle laws. Here’s why he is a go-to choice for defending reckless driving cases:

1.  Specialization in Traffic Law and Criminal Defense:

Some Of Anthony Montagna, III’s Results

Although every case is different, no two cases are the same, and a result in one case does not guarantee the same result in every case or predict the result of a different case, Anthony has obtained great results in Norfolk, Virginia Beach, Chesapeake, and throughout VA.

Some of Anthony’s case results are the following:

1. Reckless driving, 131 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
2. Reckless driving, 118 mph in a 55 mph zone:  REDUCED TO SPEEDING, A TRAFFIC INFRACTION
3. Reckless driving, 116 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $250.00 fine
4. Reckless driving, 112 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, $250.00 fine
5. Reckless driving, 112 mph in a 55 mph zone: DISMISSED
6. Reckless driving, Racing:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
7. Reckless driving, 110 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, $350.00 fine
8. Reckless driving, 110 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, $500.00 fine
9. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
10. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
11. Reckless driving, 107 mph in a 65 mph zone: DISMISSED
12. Reckless driving, 107 mph in a 55 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
13. Reckless driving, 107 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
14. Reckless driving, 106 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
15. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
16. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
17. Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
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 60 mph zone: DISMISSED
21. Reckless driving, 102 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
22. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
23. Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME
24. Reckless driving, 101 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
25. 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
26. Reckless driving, client driving a motorcycle at a high rate of speed on the interstate with sudden lane change and driving between vehicles: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
27. Reckless driving, 98 mph in a 60 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
28. Reckless driving, 97 mph in a 60 mph zone: DISMISSED
29. Reckless driving, 97 mph in a 55 mph zone: REDUCED TO SPEEDING
30. Reckless driving, 96 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
31. Reckless driving, 95 mph in a 65 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
32. Reckless driving, 95 mph in a 55 mph zone: DISMISSED
33. Reckless driving, 95 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
34. Reckless driving, 94 mph in a 65 mph zone: REDUCED TO SPEEDING
35. Reckless driving, 94 mph in a 55 mph zone: DISMISSED
36. Reckless driving, 93 mph in a 55 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
37. Reckless driving 92 mph in a 55 mph zone: DISMISSED
38. Reckless driving, 92 mph in a 65 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION
39. Reckless driving 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
40. Reckless driving 91 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
41. Reckless driving 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
42. Reckless driving 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
43. Reckless driving 90 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
44. Reckless driving 90 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
45. Reckless driving 87 mph in a 55 mph zone: DISMISSED
46. Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
47. Reckless driving, 86 mph in a 55 mph zone, REDUCED TO SPEEDING
48. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
49. Reckless driving 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
50. Reckless driving 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
51. Reckless driving 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
52. Reckless driving, 80 mph in a 45 mph zone: DISMISSED
53. Reckless driving, 80 mph in a 55 mph zone: DISMISSED
54. Reckless driving 80 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
55. Reckless driving, 79 mph in a 55 mph zone, REDUCED TO SPEEDING
56. Reckless driving, 77 mph in a 55 mph zone, REDUCED TO SPEEDING
57. Reckless driving 76 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
58. Reckless driving, 72 mph in a 45 mph zone: DISMISSED
59. Reckless driving, 62 mph in a 35 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
60. Reckless driving, 60 mph in a 30 mph zone: DISMISSED
61. Reckless driving, 62 mph in a 30 mph zone: DISMISSED
62. Reckless driving, 50 mph in a 25 mph zone: REDUCED TO SPEEDING
63. Reckless driving:  DISMISSED
64. Reckless driving:  DISMISSED
65. Reckless driving:  DISMISSED
66. Reckless driving: REDUCED TO SPEEDING, 19 MILES OVER THE SPEED LIMIT
67. Reckless Driving: DISMISSED
68. Reckless Driving: DISMISSED
69. Reckless Driving: DISMISSED

What Some Clients Say About Anthony Montagna, III

• “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.”
• “If I could give 6 stars I would! Mr. Montagna was the attorney we needed for the traffic violation! Our case was dismissed in under a minute and I thank God and Mr. Montagna for representing us!”
• “Excellent attorney, best in the area hands down. Very professional, thorough and always accessible. Follow his instructions for the best possible outcome.”
• “Honestly , Mr. Montagna treats like you are his family the way he cares, he takes care of his people , I was doing triple digit speed on a 60 and lord I thought it was over for me in that courtroom , he’s a genius because I literally got away with no time .. he’s that man!”
• “Thanks to Mr. Anthony Montagna and his team for getting my case dismissed today. I really appreciate it”
• “I had a reckless driving case today doing 95 in a 60 and added with unsafe lane change. He helped me walk out with a $100 fine before court costs. I highly recommend Mr. Montagna to be your lawyer and I highly recommend you do the stuff he requests you do to. It’ll help you out a lot. I would hire him again in a heart beat. Thank you Mr. Anthony Montagna for helping me with my reckless driving case”
• “Anthony Montagna is absolutely one of the best if not THE BEST lawyer for reckless driving, I chose him because he had great reviews and when we sat down and talked he showed me all that I needed to get done and showed that he cared. He is very concise and aggressive and represents you in the best way possible. I had a reckless driving ticket from going 92/65 and he got it dropped to a defective equipment violation. He represented me in the very best way possible and was very quick and informative about the whole process. I wish I could give more stars, if you have a reckless driving charge, this is the guy.”
• “Mr. Montagna represented me today and achieved the best possible outcome….dismissal of charges! My case was Reckless Driving (91 in a 65) along I-64. As a military service member and VA non-resident, I was unaware of the seriousness of a RD charge (class I misdemeanor punishable by up to 1 yr in jail and $2500 fine). Following charges I consulted with 4 different lawyers and decided to go with Anthony because of his approach during our consult. He emphasized the seriousness of the charge, made no guarantees regarding an outcome, and described to me in detail what our defense strategy should be on the day in court. He outlined a series of tasks I should complete prior to the court appearance that would give me the best possible chance at a favorable outcome. I quickly related with his candor and demeanor, and felt early in our consult the comfort in a lawyer that I was looking for. I followed his recommendations to the detail and went well above the community service hours he initially recommended (when it comes to community service, clearly more is better)! Mr. Montagna and his staff were extremely responsive whenever I had questions! I think I appreciated that part the most because this entire situation proved rather stressful considering I had absolutely no experience with the judicial system before this experience. His performance in court was just as impressive! He presented my defense with calm and poise. He guided me through a line of questioning before the Judge that displayed that I both took the charges seriously and worked hard to atone. The experience overall was rather humbling, and I appreciate greatly Anthony’s representation throughout!! If you find yourself in a bind, you’d do well to give Mr. Montagna a call!”
• “Anthony Montagna was a huge help, He took his time and spoke personally with me on my case and he got me the best results on my case. I highly recommend!!”

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

757-625-3500

No Case Is Too Simple Or Too Complex For Your “Go To Virginia Beach Reckless Driving Lawyer”

Anthony, a Norfolk reckless driving lawyer and expert,  and the lawyers at his firm 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 Norfolk, Virginia, call Anthony Montagna, III and the experienced reckless driving lawyers at the firm. Our phone number is 757-625-3500, and help is only a phone call away.

With Anthony L. Montagna, III, you can be confident that you have a highly experienced reckless driving lawyer on your side. 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 court.

Cities and Counties In Which Anthony Montagna, III Defends Individuals Charged With Reckless Driving:

• NORFOLK
• CHESAPEAKE
• VIRGINIA BEACH
• SUFFOLK
• PORTSMOUTH
• NEWPORT NEWS
• HAMPTON
• YORK COUNTY
• NEW KENT COUNTY
• NORTHAMPTON COUNTY
• ISLE OF WIGHT
• SOUTHAMPTON COUNTY
• ACCOMACK COUNTY
• WILLIAMSBURG/JAMES CITY COUNTY
• EMPORIA

Anthony Montagna, III’s Awards