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Anthony Montagna, III is experienced with RADAR and LIDAR in Virginia[/caption]
Attorney Anthony Montagna, III
- Military, Union, Teacher, Retired, and First Responder Discounts
- A reckless driving and aggressive driving defense specialist
- Defending reckless driving and aggressive driving cases in NORFOLK, CHESAPEAKE, VIRGINIA BEACH, SUFFOLK, PORTSMOUTH, NEWPORT NEWS, HAMPTON, ISLE OF WIGHT COUNTY, YORK COUNTY, NEW KENT COUNTY, NORTHAMPTON COUNTY, SOUTHAMPTON COUNTY, ACCOMACK COUNTY, WILLIAMSBURG/JAMES CITY COUNTY, EMPORIA, AND ALL OF VIRGINIA
- 31+ years of experience defending reckless driving and aggressive driving cases
- Defended an estimated number of over 5,000 reckless driving cases
- Many clients charged with speeds over 100 MPH and has represented a number of clients with speeds over 130 MPH
- Winning reckless driving cases in VA since 1993
- Provides honest and straightforward advice
- Knowledgeable about reckless driving defenses for cases in Virginia
- Free consultation
- Consulted and quoted by reporters with The Virginian-Pilot
- Your “Go To Reckless Driving And Aggressive Driving Lawyer” for tough cases in Virginia
- 757-625-3500
- Knows the difference between RADAR and LIDAR
- Follow this link to see some of my Google reviews
Montagna’s Reckless Driving, Aggressive Driving & Improper Driving Defense Team
- Defending individuals charged with reckless driving and aggressive driving in NORFOLK, CHESAPEAKE, VIRGINIA BEACH, SUFFOLK, PORTSMOUTH, NEWPORT NEWS, HAMPTON, ISLE OF WIGHT COUNTY, YORK COUNTY, NEW KENT COUNTY, NORTHAMPTON COUNTY, SOUTHAMPTON COUNTY, ACCOMACK COUNTY, WILLIAMSBURG/JAMES CITY COUNTY, EMPORIA, AND ALL OF VIRGINIA.
- Trusted and valued representation
- 100+ years of combined legal experience at the firm
- Call us before you plead guilty
- We put the client first
- 757-625-3500
Some of Attorney Montagna’s Fantastic 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 since 1993 in Norfolk, Virginia Beach, Chesapeake, Suffolk, Portsmouth, Newport News, Hampton, Northampton County, and throughout VA. Some of Anthony’s case results are the following:
- Reckless driving, 131 mph in a 55 mph zone in Norfolk: 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, 116 mph in a 55 mph zone: reduced to improper driving, a traffic infraction with $250.00 fine
- Reckless driving, 112 mph in a 55 mph zone in Norfolk: 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 in Norfolk: reduced to improper driving, $350.00 fine
- Reckless driving, 110 mph in a 55 mph zone in Norfolk: 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, 107 mph in a 65 mph zone: dismissed
- Reckless driving, 107 mph in a 55 mph zone: reduced to speeding, a traffic infraction
- 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, 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 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 60 mph zone: dismissed
- 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, 101 mph in a 55 mph zone in Norfolk: reduced to improper driving, a traffic infraction with $100.00 fine
- Reckless driving, 100 mph in a 70 mph zone: reduced to speeding
- 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, 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 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 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 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 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 improper driving, a traffic infraction
- Reckless driving 90 mph in a 60 mph zone: reduced to defective equipment
- Reckless driving 87 mph in a 55 mph zone: dismissed
- Reckless driving 86 mph in a 60 mph zone: reduced to defective equipment
- Reckless driving, 86 mph in a 55 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 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 76 mph in a 55 mph zone: reduced to improper driving, a traffic infraction
- Reckless driving, 72 mph in a 45 mph zone: dismissed
- Reckless driving, 62 mph in a 35 mph zone: reduced to improper driving, a traffic infraction
- Reckless driving, 60 mph in a 30 mph zone: dismissed
- Reckless driving, 62 mph in a 30 mph zone: dismissed
- Reckless driving, 50 mph in a 25 mph zone: reduced to speeding
- Reckless driving: dismissed
- Reckless driving: dismissed
- Reckless driving: dismissed
- Reckless driving: reduced to speeding, 19 miles over the speed limit
- Reckless Driving: dismissed
- Reckless Driving: dismissed
- Reckless Driving: dismissed
What Is The Difference Between Reckless Driving, Aggressive Driving and Improper Driving in Norfolk?
In Virginia, Reckless Driving is usually a Class I Misdemeanor. However, reckless driving can be a Class VI Felony. Reckless driving, Aggressive Driving and improper driving are set out in Article 7 of the Virginia State Code, 1950, as amended. § 46.2-868 of the Code of Virginia , 1950, as amended delineates the penalties for reckless driving. § 46.2-868. states: “A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.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.C. 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 § 46.2-818.2 shall include a mandatory minimum fine of $250.”An individual can also be charged with reckless driving as a Class 6 Felony under § 46.2-865.1, which states:”A. Any person who while engaging in a race or exhibition driving in violation of subsection B or C 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 subsection B or C of § 46.2-865 is guilty of a Class 6 felony; or2. 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.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.”In the Virginia Code, there are approximately 15 different ways someone can be charged with reckless driving. Please see below: § 46.2-852
Reckless driving; general rule
Driving vehicle which is not under control; faulty brakes
Passing on or at the crest of a grade or on a curve
Driving with driver’s view obstructed or control impaired
Passing two vehicles abreast
Driving two abreast in a single lane
Passing at a railroad grade crossing
Passing a stopped school bus; prima facie evidence
Failing to give proper signals
Driving too fast for highway and traffic conditions
Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties
Exceeding speed limit
Failure to yield right-of-way
Reckless driving on parking lots, etc.
Racing or exhibition driving; definitions; penalties.
Injuring another or causing the death of another while engaging in a race or exhibition driving; penalties.
Racing or exhibition driving; aiders or abettors; penalty.
Racing; seizure of motor vehicle
Exhibition driving; impoundment of motor vehicle.
Aggressive driving may be a Class I or Class II Misdemeanor. § 46.2-868.1 of the Code of Virginia, 1950, as amended sets out the definition and penalties for Aggressive driving. § 46.2-868.1. states: “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.”Improper driving is defined under § 46.2-869 of the Code of Virginia, 1950, as amended. The statute says, “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.” In summary, Reckless driving, aggressive driving, and improper driving all generally involve the driving of a motor vehicle. The statutes have different penalties. However, only improper driving is a traffic infraction and does not involve a criminal conviction. If charged with reckless driving or improper driving, one should hire an experienced attorney. Anthony Montagna, III has been practicing law for almost 32 years and has defended an estimated number over 5,ooo reckless driving cases. Most importantly, he has 3 convenient offices.
Cities and Counties In Which Anthony Montagna, III Defends Individuals Charged With Reckless Driving and Aggressive 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
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 23607 757-625-3500
Virginia Beach, VA:
One Columbus Center, Ste. 600, PMB 025 Virginia Beach, VA 23462 757-625-3500
Written By Anthony Montagna, III
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. Practicing since 1993, Anthony has successfully defended individuals charged with serious crimes and traffic offenses like reckless driving and DUI charges.
