Does Virginia Allow a Person to Be Convicted of Improper Driving if Charged With Reckless Driving?

Person holding beer while driving; highlighting the dangers of drinking and driving.

As an attorney with almost 31 years of experience handling DUI charges, reckless driving charges, and other traffic violations, I would submit to you that I am an authority on traffic law in Virginia. In fact, I have handled close to 4.500 reckless driving cases since I first started practicing law in 1993. Furthermore, I handle reckless driving cases in Norfolk, Chesapeake, Newport News, Hampton, Virginia Beach, Accomack County, Northampton County and throughout Virginia.

Proposed Story Line:

Several years ago, I had a client, “Jack.” Jack is not his real name, and some of the facts of the story have been altered. Jack was charged with reckless driving after the police officer in Norfolk, VA alleged he drove his vehicle at a high speed, hit a curb and hit several cars. There was no evidence that he was intoxicated. Additionally, there was no evidence that he did anything wrong other than having an accident. The property damage was fairly extensive.

What is Reckless driving in Virginia?

Generally, under Section 46.2-868 of the Virginia Code, reckless driving is a class one misdemeanor. However, under 46.2-868(B), “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.” Some of the basis for a reckless driving conviction in Virginia are the following:

Driving 20 or more miles in excess of the maximum speed limit or in excess of 85 miles per hour regardless of the applicable maximum speed limit. (Section 46.2-862 of the Virginia Code)
Irrespective of the maximum speeds permitted by law, driving a motor vehicle on any highway recklessly or in a manner so as to endanger the life, limb or property of any person. (Section 46.2-852 of the Virginia Code)
Driving a vehicle, which is not under proper control or has faulty brakes. (Section 46.2-853 of the Virginia Code)
Driving too fast for highway and traffic conditions. (Section 46.2-861 of the Virginia Code)

Improper Driving in Virginia

Under Virginia Law, an individual may be convicted of improper driving instead of reckless driving. Section 46.2-869 of the Virginia Code states in part “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, the Commonwealth attorney may reduce a charge of reckless driving to improper driving at any time before the Judge rules and makes a decision. Improper driving is only a traffic infraction. An individual convicted of improper driving cannot be punished by anything other than a fine up to $500, plus court costs. Thus, while an individual convicted of a reckless driving may have any punishment consistent with a Class I Misdemeanor, plus a license suspension, an individual convicted of improper driving cannot receive any active or suspended jail sentence, cannot have his or her operator’s license suspended, and is only convicted of a 3 point VA DMV traffic violation.

Contact the Elite Virginia Reckless Driving lawyer, Anthony Montagna, III, Today!

Anthony Montagna, III

Winning Reckless Driving, Traffic, and DUI Cases Since 1993
The Lawyer that People Contact When Experience Is Important
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Three Convenient Locations in Norfolk, Virginia Beach, and Newport News
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Quoted in The Virginian Pilot
Travelling Throughout Virginia to Defend You In Court
Many Clients with Speeds Over 105 MPH or BAC’s Above .15
Focusing His Practice on DUI, Reckless Driving, and Traffic Defense
Your “Go to Lawyer” for Tough DUI and Reckless Driving Cases
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The Lawyer That Other Lawyers Contact For Advice and Representation
Representing Clients in Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk, Southampton County, Northampton County, Hampton, Newport News, New Kent County, York County, Accomack County, and All of Virginia
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Montagna Traffic Defense Law

125+ Years of Combined Legal Experience at the Firm
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Discounts for Military, First Responders, Students, Seniors and Union Workers
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Some of Anthony’s Results:

Although every case is different and the results of one case do not guarantee results in a different case, some of Anthony Montagna, III’s favorable results are the following:

Reckless driving, 131 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
Reckless driving, 131 mph in a 55 mph zone: a small fine less than $500 and 2 active days in jail to serve with a delayed reporting to a weekend two and a half weeks later
Reckless driving, 146 in a 55 mph zone, small fine and ONLY 5 days to serve on weekends
DUI and Reckless Driving with a B. A. C. of .09 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION
DUI with a B. A. C. of .24: DISMISSED
DUI and Refusal: Refusal Nolle Prosequi (Dismissed without prejudice), DUI amended to Reckless Driving
Reckless driving, 141 in a 55 mph zone, small fine and ONLY 5 days to serve on weekends
Client charged with DUI (Drugs): GUILTY OF RECKLESS DRIVING
Client charged with DUI: GUILTY OF RECKLESS DRIVING
Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED
Client charged with DUI and Refusal: Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance (REFUSAL CHARGE DISMISSED)
Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED
DUI-Second Offense: Client guilty of DUI-First Offense, no active jail time
Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED
Client charged with DUI-First Offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail. ALL JAIL TIME SUSPENDED.
Reckless driving, 131 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
Reckless driving, 118 mph in a 55 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
Reckless driving, 112 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, $250.00 fine
Reckless driving, 112 mph in a 55 mph zone: DISMISSED
Reckless driving, Racing: Reduced to Improper Driving, a Traffic Infraction
Reckless driving, 110 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, $350.00 fine
Reckless driving, 110 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, $500.00 fine
Reckless driving, 110 mph in a 55 mph zone: DISMISSED
Reckless driving, 110 mph in a 55 mph zone: DISMISSED
Reckless driving, 108 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 107 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 107 mph in a 65 mph zone: DISMISSED
Reckless driving, 107 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 106 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 106 mph in a 55 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME OR LICENSE SUSPENSION
Reckless driving, 105 mph in a 55 mph zone: DISMISSED
Reckless driving, 105 mph in a 55 mph zone: DISMISSED
Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving passing a school bus: DISMISSED
Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: DISMISSED
Reckless driving, 102 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
Reckless driving, 102 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
Reckless driving, 104 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME
Reckless driving, 102 mph in a 60 mph zone: DISMISSED
Reckless driving, 101 mph in a 55 mph zone in Norfolk: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
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
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
Reckless driving, 98 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 97 mph in a 60 mph zone: DISMISSED
Reckless driving, 97 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 97 mph in a 60 mph zone: REDUCED TO SPEEDING
Reckless driving, 96 mph in a 60 mph zone: REDUCED TO SPEEDING
Reckless driving, 96 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 96 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 95 mph in a 65 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 95 mph in a 55 mph zone: DISMISSED
Reckless driving, 95 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 95 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 94 mph in a 65 mph zone: REDUCED TO SPEEDING
Reckless driving, 94 mph in a 55 mph zone: DISMISSED
Reckless driving, 93 mph in a 65 mph zone: REDUCED TO SPEEDING, 19 miles over the limit
Reckless driving, 93 mph in a 55 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
Reckless driving 92 mph in a 55 mph zone: DISMISSED
Reckless driving 92 mph in a 60 mph zone: DISMISSED
Reckless driving, 92 mph in a 65 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION
Reckless driving, 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 91 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
Reckless driving, 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
Reckless driving 90 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 90 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 90 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 90 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
Reckless driving 89 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
Reckless driving 86 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING
Reckless driving, 86 mph in a 55 mph zone: REDUCED TO SPEEDING
Reckless driving, 86 mph in a 45 mph zone: REDUCED TO SPEEDING
Reckless driving, 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 80 mph in a 45 mph zone: DISMISSED
Reckless driving, 80 mph in a 55 mph zone: DISMISSED
Reckless driving, 80 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 79 mph in a 55 mph zone, REDUCED TO SPEEDING
Reckless driving, 77 mph in a 55 mph zone, REDUCED TO SPEEDING
Reckless driving, 77 mph in a 55 mph zone, DISMISSED
Reckless driving 76 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving 76 mph in a 55 mph zone: DISMISSED
Reckless driving, 74 mph in a 35 mph zone: DISMISSED
Reckless driving, 64 mph in a 35 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
Reckless driving, 62 mph in a 35 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
Reckless driving, 53 mph in a 25 mph zone: DISMISSED
Reckless driving, 50 mph in a 25 mph zone: REDUCED TO SPEEDING
Reckless driving: Reduced to Speeding, 19 Miles Over the Speed Limit
Fifth Offense Drive on Suspended/Revoked License: DISMISSED
Drive on Suspended/Revoked License: DISMISSED
Drive on Suspended/Revoked License: DISMISSED
Drive on Suspended/Revoked License: DISMISSED

By Montagna Law | Posted on May 29, 2024

« Technology Associated With Reckless Driving Cases in Newport News, VA

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Robert Bolden III

Tony was amazing! I initially found him online while researching lawyers in my area, and what sealed the deal was a close family friend who is an experienced lawyer themselves. They confirmed Tony was the person to go to. You can immediately tell he is experienced and knows his stuff. Every time we met, I felt valued and like I had his full attention. He took the time to make sure I understood everything at each step along the way. His paralegal Jay was equally awesome with top-tier communication throughout the entire process. I strongly recommend Tony to anyone looking for exceptional legal representation.

Marcus R

Mr Montagna goes above and beyond for his clients. I highly recommend his law firm.

Zgillman

I had a great experience with Mr. Montagna, I’ve had no previous court experience and he was able to guide me very clearly. Also ended with positive results.

Gina Briccetti

I couldn't recommend a lawyer as much as I recommend Anthony. He put my best interest to the forefront of his priority, taking all aspects of my case into consideration during the duration of my trial. He had an excellent way of communicating with me, treating me like one of his family members, instead of just a client. He was super transparent with me throughout the entire timeline of my case, and prepared me for what was to be expected so nothing was a surprise. I fully trusted Anthony to fight for me and my reputation, and he displayed himself very highly during my court date. He fully committed to me for my situation, and left out no details of what the court was entailing. He recommended I go above and beyond to mend my case, and so I did. He was successful in court with me, and I would absolutely utilize him as a resource for any further needs.

Josh Burton

Extremely helpful, clear, kind, and on top of every detail. Highly recommend!

Paige Dyer

Mr. Montagna was a great lawyer. Made the process very smooth and easy. Him and his paralegal were very professional and walked me through everything to help me understand my case. He worked hard get my reckless driving bumped down to an infraction which is a win in my book. 10/10 recommend if your looking for a lawyer.

nathan wilcots

Best lawyer I can ask for. He will not make promises but will put u at ease. I definitely recommend Anthony montagna.🔥

Kisha Wray

⭐⭐⭐⭐⭐ I cannot recommend Anthony Montagna highly enough. From the start, he demonstrated an incredible command of the law and a clear strategy for my case. He personally called me multiple times to walk through our defense and made sure I understood every step of the process. In court, Mr. Montagna was calm, confident, and extremely sharp. His knowledge of the law and ability to execute the right strategy ultimately helped lead to the dismissal of my case. When he says he treats his clients like family, he truly means it. He and his team were professional, responsive, and supportive the entire time. A special thank you to Jay, the paralegal on his team, for helping keep everything organized and moving smoothly. If you ever need legal representation, don’t hesitate to call Anthony “The Man” Montagna. Follow his guidance and do what he asks you to do — he knows what he’s doing. Thank you again for turning what started as a stressful situation into a positive experience.

Travis Langley

Unfortunately, I got a reckless driving ticket (68mph in a 45mph zone). Looked online and searched through many lawyers to help me with my case. Montagna law was one of the firms that popped up on a simple Google search. I read all of the previous cases stated on their website and felt comfortable with my decision to hire Mr. Montagna as my lawyer to represent me. I will say it was quite expensive, but what you get in return is fantastic representation at your court hearing and I was able to get my reckless driving charge completely dismissed and didn't have to pay any court costs or anything. Ofcourse this outcome is situational per a case to case basis, but I can honestly say that Mr. Montagna will try his absolute best to get you a good outcome in court! His experience truly speaks for itself!

Tyler Brown

I cannot recommend Anthony Montagna highly enough. He represented me in a case where I was originally charged with reckless driving (96MPH in a 55MPH zone), and thanks to his skill and strategic approach in the courtroom, he was able to get the charge reduced to improper driving. That alone made a huge difference in the long-term impact on my record. What really impressed me was how he handled the judge’s initial decision to suspend my license for 10 days. Anthony didn’t just accept it, he respectfully and professionally pushed back, using his experience and knowledge of the law to advocate even harder on my behalf. Because of his persistence and expertise, the judge reconsidered. In the end, I avoided a license suspension and the maximum fine. He is not the cheapest attorney out there, but in situations like this, you truly get what you pay for. The money was absolutely well spent. He protected my driving record, my ability to work, and gave me peace of mind during a stressful situation. If you’re facing a serious traffic charge and want someone who knows how to navigate the courtroom and fight for you, Anthony Montagna is the lawyer you want in your corner. I’m extremely grateful for his help.