Reckless Driving, Aggressive Driving and Improper Driving in Norfolk

headshot of Anthony Montagna III smiling at the camera 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

Anthony Montagna meeting with a client

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

§ 46.2-853

Driving vehicle which is not under control; faulty brakes

§ 46.2-854

Passing on or at the crest of a grade or on a curve

§ 46.2-855

Driving with driver’s view obstructed or control impaired

§ 46.2-856

Passing two vehicles abreast

§ 46.2-857

Driving two abreast in a single lane

§ 46.2-858

Passing at a railroad grade crossing

§ 46.2-859

Passing a stopped school bus; prima facie evidence

§ 46.2-860

Failing to give proper signals

§ 46.2-861

Driving too fast for highway and traffic conditions

§ 46.2-861.1

Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties

§ 46.2-862

Exceeding speed limit

§ 46.2-863

Failure to yield right-of-way

§ 46.2-864

Reckless driving on parking lots, etc.

§ 46.2-865

Racing or exhibition driving; definitions; penalties.

§ 46.2-865.1

Injuring another or causing the death of another while engaging in a race or exhibition driving; penalties.

§ 46.2-866

Racing or exhibition driving; aiders or abettors; penalty.

§ 46.2-867

Racing; seizure of motor vehicle

§ 46.2-867.1

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

By Montagna Law | Posted on June 11, 2025

« DUI Penalties and Consequences

Charged with Reckless Driving in Norfolk, VA? »

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.