Skip to main content
DUI, Traffic, & Criminal Defense Lawyer
Reckless Driving Defense
Dedicated to defending the rights of individuals charged with reckless driving, traffic violations, DUI, and criminal charges for over 32 years.
Get Help Now

Experienced Virginia Reckless Driving Defense Lawyers

Key Takeaways

  • The Commonwealth of Virginia is tough on reckless driving. Under Virginia state traffic law, reckless driving is considered a traffic violation and a criminal charge.
  • VA Reckless driving charges are serious and can contribute to the loss of a driver’s license, criminal convictions, and other severe penalties.
  • Working with an experienced and knowledgeable Virginia reckless driving attorney can help you obtain the best possible outcome for your case.

Reckless driving is a very serious charge that can impact your freedom to drive in the future. This charge can also result in many strict penalties and, even worse, cause deadly car accidents if reckless driving habits are not corrected quickly.

Reckless driving traffic offenses often result in a license suspension or revocation, along with leading to charges on your criminal record. Reckless driving can be charged as a class 6 felony if the defendant causes an accident that results in the death of another while driving with an invalid license due to a moving violation.

Contacting a Virginia reckless driving lawyer can help reduce your charges and possibly keep your license. You only have one chance for your case at trial, and an experienced reckless driving attorney can improve your chances. Call Montagna Law defense attorneys at 757-625-3500.

Previous Virginia Reckless Driving Results

Although each case is different and results in one case do not guarantee results in other cases, some of our favorable court cases are the following:

  • Reckless driving, 131 mph in a 55 mph zone: Reduced to improper driving, a traffic infraction with $150 fine. REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
  • 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, $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 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 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, 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 60 mph zone: DISMISSED

Montagna Law Defense Attorneys Are Skilled at Handling Reckless Driving Charges

As experienced reckless driving attorneys, our traffic attorneys have defended over 4,500 reckless driving, DUI, and traffic cases in Virginia. We carefully examine the specifics of each case, gather evidence, and listen to each client’s side of the story.

Our law firm is highly rated. We are proud of our industry awards, including “Best of the Best Top 10 Attorneys”, Martindale Hubbell’s “Peer Rated for Strong Ethical Standards,” and an A+ Better Business Bureau rating. Our criminal defense attorney Anthony Montagna, is listed as one of the top three DUI lawyers in Norfolk, VA with ThreeBest Rated.

Reviews From Our Clients Charged With Reckless Driving

“I hired Mr. Montagna to represent me for a reckless driving case. Due to my work circumstances, a conviction of that kind could have led to a one year suspension and a loss of my security clearance. My advice is to listen to what he has to say, follow his instructions exactly, and do them as soon as possible. This will allow him to take care of you as well as he took care of me. It was worth every penny.” — Luke S.

“Mr. Montagna is a lifesaver. My life could have really been turned upside down if it wasn’t for him. I had a reckless driving ticket reduced to a regular speeding ticket. With a fine less than I expected. Being a CDL holder (even though not in a commercial vehicle) and Virginia State Inspector. A misdemeanor would have not looked good at all. Could have lost everything. If you retain him do everything he ask. Also want to thank his paralegal Terri and Sherri at the front desk. The whole office is great. Very welcoming. P.S. I was referred to him by another lawyer. That tells you something.” — Max

“Mr. Montagna was wonderful and so helpful in my case. He and his team were accessible and the communication was quick and concise. They gave me all the tools to get my case dismissed at court costs. Hopefully, I never get a ticket like that again, but if I do – I know what team I am calling. Thank you again!” — Paris M.

“Mr. Montagna represented me in a traffic violation case. He made me very comfortable in his ability to make sure the truth was heard and have an outcome that represented what actually happened in the accident. Mr. Montagna’s confidence is clearly known from day one. He goes into court with a positive attitude which keeps his clients at ease. I highly recommend Mr. Anthony Montagna if you need representation when dealing with a traffic ticket.” – Vicci S

“I have an underwhelming driving history, Mr. Montagna was able to work with me in a reasonable manner to get my reckless driving reduced with NO JAIL TIME or Misdemeanor on my record. I am extremely grateful for him representing me! If you are looking for a lawyer that will make an impression and someone who will work with your unsatisfactory driving history, look nowhere else!” – Erin N

Why Work With Montagna Law Defense Attorneys

A woman shakes hands with a man at a desk, with a gavel and legal documents nearby, surrounded by a bookshelf and light filtering through blinds in an office setting.

The experienced and skilled lawyers at our law firm have more than 125 years of collective experience and have been providing criminal defense services to Hampton Roads since 1993.

Clients often turn to our team for legal representation because we are a client-first firm, and our lawyers are caring, dedicated, tough, trustworthy, and skilled. Just ask one of our thousands of satisfied prior clients.

Free Consultations For Individuals Charged With Reckless Driving

People often do not turn to professional legal advice for reckless driving offenses because they feel they do not need an attorney, consider traffic tickets as minor, or are worried about legal fees.

Virginia is tough on reckless driving charges, and working with a skilled lawyer may be beneficial. Montagna Law defense attorneys offer free consultations to individuals facing reckless driving charges. Give us a call; it won’t cost you anything to have an initial conversation about your case.

What Constitutes a Reckless Driving Charge in Virginia?

The Commonwealth of Virginia considers several different types of moving violations as reckless driving, including, but not limited to:

  • General reckless driving
  • Speeding
  • Faulty brakes
  • Illegal passing
  • Passing a stopped school bus
  • Overloaded car
  • Fail to move over for stationary emergency vehicle
  • Passing at an intersection or railroad crossing

Certain types of aggressive driving can also fall under the reckless driving umbrella.

Virginia Reckless Driving and Speeding Laws

Police officers in Virginia most frequently enforce Virginia’s reckless driving and speeding laws. According to § 46.2-862 of the Virginia Code, a motorist is guilty of reckless driving if they:

  • Exceed posted speed limits by 20 mph or more
  • Drive in excess of 85 mph regardless of the “applicable maximum speed limit”

Essentially, Virginia criminalizes speeding, which may come as a surprise to some drivers. Not all drivers will be charged with a crime, but if the right circumstances are present, they might be.

What Are the Penalties For Reckless Driving in Virginia?

A graphic outlines penalties for reckless driving in Virginia, displaying consequences such as a $2,500 fine, up to 12 months jail time, and six points on the driving record.

Virginia issues the following maximum penalties for reckless driving, including:

  • $2,500 fine
  • Up to 12 months jail time
  • Up to six months suspension of driving privileges
  • Six points on a driving record

Most drivers will receive a Class 1 misdemeanor charge on their record.

Felony Reckless Driving

If convicted of a felony reckless driving charge, this is a Class 6 Felony. This is typically reserved for individuals driving on a suspended or revoked driver’s license when they were recklessly driving or drag racing. In the event a reckless driving act causes an injury or death, the following penalties apply:

  • Up to 20 years in prison
  • Fine up to $2,500
  • Suspension or revocation of a driver’s license
  • Demerit points on the driver’s record

Can You Lose Your License From Reckless Driving in Virginia?

Yes, you can lose your license if convicted of reckless driving traffic violations in Virginia.

Examples of violations you can lose your license for include driving your motor vehicle with excessive speed, failure to maintain control, faulty brakes, two vehicles in one lane, passing at an intersection or railroad grade crossing, passing a stopped school bus, failure to yield the right of way, and racing, to name several.

Should I Get a Lawyer for Reckless Driving in Virginia?

You can try to fight reckless driving charges yourself, but the reality is you have a better chance of keeping your license when working with an experienced traffic defense attorney. Benefits of working with a lawyer for your case include:

  • Defending you against charges of criminal offenses
  • Lowering chances of jail time or other punishments
  • Better chance of keeping your license
  • Reduced punishments if found guilty
  • Having an advocate by your side on your court date

Additionally, reckless driving attorneys can help out-of-state drivers who may need special arrangements for their trial.

Reducing Your Virginia Reckless Driving Charge

Under certain circumstances, the Commonwealth of Virginia allows reckless driving charges to be reduced to improper driving. Working toward dismissal of a charge is the first goal, but in some cases, this will not be possible. In that case, your traffic defense attorney can work to reduce the charge.

Under VA Code § 46.2-869, a judge or prosecutor is permitted to reduce reckless driving offenses to improper driving for minor infractions. Working with a knowledgeable attorney will be able to provide a persuasive argument to the court in cases where culpability is slight.

Improper driving comes with far less severe penalties than reckless driving does. Reckless driving is a Class 1 misdemeanor with additional penalties, but improper driving is a traffic infraction with no loss of license or jail time, along with fewer Virginia DMV demerit points.

Out-of-State Drivers Accused of Reckless Driving in VA

A man inside a car looks concerned while handing his identification to a police officer, who leans in from outside the vehicle. The background shows blurred greenery, indicating an outdoor setting.

Virginia often sees visitors from out-of-state for various reasons, including tourism, military service, and highway travel along the East Coast.

It is important to know that out-of-state drivers will not only face Virginia penalties for reckless driving, but it will also be reported to the motorist’s home state, which may have even stricter penalties.

Montagna Law defense attorneys can often successfully help individuals who were simply driving through Virginia and picked up a reckless driving charge; many times, our clients do not even need to be present in court.

Our Experienced Virginia Reckless Driving Defense Attorneys Can Help Secure Your Future

Montagna Law defense attorneys are well-versed in Virginia laws and have several decades of experience providing legal services. Losing your license can have a substantial impact on your life, your current job, relationships, and employment opportunities.

Our attorneys have the experience and knowledge necessary to challenge charges and know how to investigate the circumstances surrounding the arrest. Working with a defense attorney may be your best chance to secure your future and protect yourself.

Reckless Driving is a Serious Charge, Contact Our Office for a Free Consultation

Montagna Law defense attorneys proudly represent all of Hampton Roads, including Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.

A reckless driving charge can significantly affect your life. Not just the fines but potential jail time and loss of your license. Many of our clients are locals, vacationers, students, and military men and women. To schedule a free consultation, call us at 757-625-3500 or fill out our online contact form.

Anthony Montagna, III

Written By Anthony Montagna, III

Criminal Defense Lawyer

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.