Table of Contents

Chesapeake Reckless Driving Lawyers
Table of Contents
ATTORNEY ANTHONY MONTAGNA, III:
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A RECKLESS DRIVING DEFENSE SPECIALIST
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WINNING RECKLESS DRIVING CASES IN CHESAPEAKE, VA SINCE 1993
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MILITARY, FIRST RESPONDER, UNION, TEACHER, STUDENT AND SENIOR DISCOUNTS
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PAYMENT PLANS
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MANY CLIENTS CHARGED WITH DRIVING OVER 105 MPH AND SOME WITH SPEEDS OVER 130 MPH
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UNMATCHED LEGAL REPRESENTATION AS A CHESAPEAKE RECKLESS DRIVING LAWYER
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CONSULTED AND QUOTED BY REPORTERS WITH THE VIRGINIAN PILOT
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OVER 200 FIVE STAR GOOGLE, AVVO, AND FINDLAW REVIEWS
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SON OF A CAPTAIN, USNR
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OVER 4,500 RECKLESS DRIVING CASES HANDLED
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TOUGH, SKILLED, AND EXPERIENCED
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A CLIENT FIRST LAWYER
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YOUR “GO TO” CHESAPEAKE RECKLESS DRIVING LAWYER
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ELITE REPRESENTATION IS ONLY A PHONE CALL AWAY
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FREE CONSULTATION
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FOLLOW THIS LINK TO SEE SOME OF MY GOOGLE REVIEWS
MONTAGNA’S CHESAPEAKE TRAFFIC DEFENSE LAW TEAM:
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OFFICES IN NORFOLK, VIRGINIA BEACH, AND NEWPORT NEWS, VA
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A WINNING TRADITION
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TALK TO US BEFORE YOU DECIDE TO PLEAD GUILTY
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WE CARE ABOUT YOU AS THE CLIENT
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TOUGH, SKILLED, AND DEPENDABLE
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A CLIENT FIRST FIRM
SOME OF OUR 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:
- Reckless driving, 131 mph in a 55 mph zone: 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
- 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 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)
- 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 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 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 REDUCED TO SPEEDING, A TRAFFIC INFRACTION
- 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
- 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 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 65 mph zone: REDUCED TO IMPROPER DRIVING, 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 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 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, 72 mph in a 45 mph zone: DISMISSED
- Reckless driving, 74 mph in a 35 mph zone: DISMISSED
- Reckless driving, 74 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, 50 mph in a 25 mph zone: REDUCED TO SPEEDING
- Reckless driving, client driving above 80 mph, tailgating, and switching lanes abruptly: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
- Reckless driving, client driving above 90 mph on a motorcycle, driving between lanes with vehicles, and driving in a dangerous manner: DISMISSED
- 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 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.”
- “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.”
- “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.”
- “Matlock 2.0. I went to his office with 2 Class 1 Misdemeanors and 1 traffic infraction. Today’s Court date ended with a handshake and 3 dismissed charges.”
- “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!!”

THE “GO TO” CHESAPEAKE RECKLESS DRIVING LAWYERS
Anthony and his trial team at the firm know that it is important to fight for your clients in traffic matters. No case is too complex or too simple. When you may go to jail for a reckless driving charge in Chesapeake, VA, call the “Go To Chesapeake Reckless Driving Lawyers” on Montagna’s Chesapeake traffic defense law team at 757-625-3500.
When you need an experienced and compassionate lawyer in Chesapeake for a reckless driving, DUI or any traffic violation, rely on your common sense in selecting an attorney. Successful Chesapeake reckless driving lawyers have experience, drive, compassion, and knowledge. When you hire Anthony Montagna, III, you will hire an attorney who has represented civilian and military personnel for over 31 years.
BIO OF ATTORNEY ANTHONY MONTAGNA, III:
Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, Anthony and his family moved to Norfolk, Virginia, his father’s home town.
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. At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List.
After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993. Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C.
In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family. He particularly enjoys spending time with his daughter, Phoebe, who is 21 and attends Hollins University.
EDUCATION OF ANTHONY MONTAGNA, III:
- 1986 Norfolk Academy
- 1993 University of Akron School of Law, Akron, OH, J.D.
- 1990 University of Richmond, Richmond, VA, B.A., Major: Economics, Intermediate Honors, Dean’s List
FORMER PARTNER AT MONTAGNA & MONTAGNA, P.C.:
As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law. Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, DUI and traffic, security clearance, criminal, and corporation cases.
SON OF A CAPTAIN, USNR:
As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to help you get a more desirable result. He has practiced law since 1993 and is well known for his knowledge of the law and familiarity with the judges in Chesapeake, VA.
COMMITMENT TO CLIENTS:
“With over 31 years of experience, I know each Chesapeake reckless driving case is different, and I provide personalized attention for each Chesapeake client,” says Anthony. “I am committed to providing my clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”
WE THINK OUTSIDE OF THE BOX TO GET GREAT RESULTS IN COURT
Anthony strives to answer all questions, to provide regular updates and to return all phone calls. If you want an attorney who will think outside of the box, make your case a priority and work hard for you, Anthony is the attorney for you.
BAR ADMISSIONS OF ANTHONY MONTAGNA, III:
U.S. District Court
Eastern District of Virginia
U.S. Court of Appeals 4th Circuit
Virginia Supreme Court
U.S. Supreme Court
EXPERIENCED CHESAPEAKE RECKLESS DRIVING LAWYER:
Anthony Montagna, III, is a highly successful reckless driving lawyer for cases in Chesapeake, VA. Our Norfolk office is located at 425 Monticello Avenue, Suite A, Norfolk, VA 23510 and our Newport News address is 4302 Huntington Avenue, Suite A, Newport News, VA 23607. As a Chesapeake, VA reckless driving attorney, who is familiar with the federal and state courts, Anthony explains how to obtain great results in court and will devise a stratgic plan to get you the best results in court.
When you go to court in Chesapeake, VA, you need to understand that it requires the use of common sense. It is important to hire a lawyer, who handles a lot of cases in Chesapeake, VA and who is tough as nails. Anthony Montagna, III and the lawyers at the firm have have over 175 years of combined legal experience.
In addition to obtaining millions of dollars as compensation for injured parties, Anthony and the lawyers at his firm know that it is important to fight for your clients in traffic matters. No case is too complex or too simple. Many of our clients are locals, vacationers, union workers, students, and military men and women. We have reasonable fees and offer union, student, senior, and military discounts
SKILLED CHESAPEAKE RECKLESS DRIVING LAWYERS YOU CAN TRUST
When you need an experienced and compassionate lawyer in Chesapeake, VA for a reckless driving, DUI or any traffic violation, rely on your common sense in selecting an attorney. A successful Chesapeake, VA reckless driving lawyer has experience, drive, compassion, and knowledge. When you hire Anthony Montagna, III, you will hire an attorney who has represented civilian and military personnel since 1993 and is A+ Rated by the Better Business Bureau
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
757-622-8173 or 757-625-3500
Virginia Beach, VA:
One Columbus Center, Ste. 600, PMB 025
Virginia Beach, VA 23462
757-622-8056 or 757-625-3500
With Anthony L. Montagna, III, you can be confident that you have an experienced traffic attorney 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. We have 3 convenient addresses: 4302 Huntington Avenue, Suite A, Newport News, VA 23607 and very close to the ship yard, ONE Columbus Center, Suite 600, PMB 025, Virginia Beach, VA and 425 Monticello Avenue, Suite A, Norfolk, VA in downtown Norfolk.
AS RECKLESS DRIVING DEFENSE SPECIALISTS, WE KNOW THE DIFFERENCE BETWEEN RADAR AND LIDAR

MICROWAVE RADAR TECHNOLOGY
What is RADAR? It is 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.
PROBLEMS WITH RADAR
- MOVING RADAR IN POLICE CAR SUDDENLY CHANGES SPEED
- Radio Frequency Interference
- Field disturbance Sensors
- Mechanical Interference
- Natural Interference
- Unintentional Forms of Radiation
- Operator Error
- Multiple Vehicles in the RADAR Beam

LASER TECHNOLOGY
LASER is an 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 LASER
- Accuracy
- Shooting the Laser through Glass
- Target Acceleration or Deceleration
- Conditions in the Atmosphere
- Variations in Range
- Operational Error
HOW TO CHALLENGE RADAR AND LASER RESULTS
- Hire an experienced lawyer familiar with LASER and RADAR technology
- Hire an expert witness
- Vigorously cross examine the police officer
SPEED KILLS
As an experienced Chesapeake reckless driving lawyer who has handled countless reckless driving cases in Chesapeake, VA, Anthony Montagna, III knows that high speeds on the roadways while operating a vehicle lead to deaths and serious injuries. We at Montagna’s Reckless Driving Defense Law Firm would urge you to drive responsibly and not speed. Virginia Division of Motor Vehicles provides startling statistics.
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If you are unfortunately charged with reckless driving in Chesapeake, VA because of a high speed, please know that help is only a phone call away. Anthony Montagna, III is ready to provide to you the help you need.
WHAT IS RECKLESS DRIVING?
I. VA Code Ann. § 46.2-852
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
II. VA Code Ann. § 46.2-853
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.
III. VA Code Ann. § 46.2-854
A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.
IV. VA Code Ann. § 46.2-855
A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.
V. VA Code Ann. § 46.2-856
A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.
VI. VA Code Ann. § 46.2-857
A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.
VII. VA Code Ann. § 46.2-858
A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.
VIII. VA Code Ann. § 46.2-859
A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.
IX. VA Code Ann. § 46.2-860
A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.
X. VA Code Ann. § 46.2-861
A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.
XI. VA Code Ann. § 46.2-862
A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
XII. VA Code Ann. § 46.2-863
A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.
XIII. VA Code Ann. § 46.2-864
A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers,
3. On any highway under construction or not yet open to the public.
When you are charged with reckless driving, it is important to be aware that you are facing a class one misdemeanor, which involves up to 12 months in jail and a $2,500.00 fine. It is always important to hire a highly skilled and successful lawyer like Anthony Montagna, III or any of the lawyers in the firm. Anthony routinely obtains great results, when representing an individual charged with reckless driving, speeding, driving on a suspended operator’s license, DUI, or any other traffic offense in Norfolk, Newport News, Virginia Beach or any where in Hampton Roads. As a Chesapeake, VA reckless driving lawyer, Anthony has the confidence and skill to negotiate on your behalf and to defend you on any traffic violation.
IF YOU WANT GREAT RESULTS IN COURT, HERE ARE THE FIVE COMMANDMENTS TO FOLLOW:
1. You only get one chance to make a good impression in court, so you should always dress well.
2. Hire a lawyer with experience and a proven track record. If you choose an incredibly inexpensive lawyer, you may get what you paid for.
3. Follow your lawyer’s advice, do what he tells you, and be responsible.
4. Do not be argumentative with the Court and the prosecutor. The Judge has been around the block and knows who is acting rudely.
5. If you are arrested by the police, understand that you have the right to remain silent.
If you follow these 5 simple rules, you will be amazed with your level of success in court. If you have questions about a reckless driving in Norfolk, Virginia Beach, Newport News, Portsmouth, Hampton or any where in Hampton Roads, VA call the Chesapeake reckless driving lawyers, Anthony Montagna and The Montagna Defense Attorneys, at 757-622-8173, 757-622-8056 or 757-625-3500 and understand that you have fighters in your corner.
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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.