Brunswick County Virginia Reckless Driving Speeding Traffic Attorney

Have you been charged with reckless driving in Brunswick, Virginia?  Contact Brunswick, Virginia traffic lawyer, Trey Mattox email trey@mattoxlawpc.com or phone (804) 451-6033.

What is Reckless Driving Speeding in Virginia?

The most common form of reckless driving in Virginia is reckless driving speeding.  If you received a reckless driving speeding ticket in Virginia it was most likely written under this code section.

Virginia Code 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.

Among the reckless driving code sections, § 46.2-862 is by far the most frequently used.  This statute strictly refers to the speed at which you are driving without any regard to your manner of driving.  This statute defines reckless driving in two ways.  The first section of this statute mandates that you can be convicted of reckless driving for traveling 20 or more miles per hour above the speed limit.  The second section defines reckless driving as driving over 80 miles per hour no matter the posted speed limit.  This section becomes particularly troublesome on highways with 70 mile per hour speed limits.  The speed limit on Interstate 95 in Stafford County is 70 miles per hour.  Therefore, according to the statute going as little as 11 miles per hour over the speed limit can result in a conviction for reckless driving.  

The Reckless Driving Statutes

There are 14 different variations of reckless driving in Virginia.  The following is a list of the various reckless driving statutes:

·      § 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.

·      § 46.2-862. 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; penalty.

Classification and Penalties

Virginia Code § 46.2-868 dictates that reckless driving is a class 1 misdemeanor and therefore carries extremely serious consequences.  In Virginia, a Class 1 misdemeanor is the most serious category of misdemeanors and falls just one step short of a felony.  Specifically, as a Class 1 misdemeanor, reckless driving carries a maximum $2500 fine, one year in jail, and 6 month license suspension.  Additionally, there are many secondary consequences such as points on your driving record, license suspensions due to accumulation of points, increased insurance premiums, and failed criminal background checks.

What is Reckless Driving; General Rule

If you have received a Virginia reckless driving ticket and the charge was unrelated to speed it likely will fall under reckless driving; general rule.  This statute allows a police officer to charge you with reckless driving if he believes you were driving in a manner that endangers life or property.  

Virginia Code 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.

Brunswick Reckless Driving Speeding Attorney

Brunswick is famous for more than just their fantastic stew; unfortunately, Brunswick County is also rather famous for its strict enforcement of traffic violations.  If you have received a traffic violation in Brunswick, Virginia it is important to speak with an attorney who is familiar with the judge, officers, and prosecutors in order to properly guide you through the sometimes-complicated legal system.  Brunswick has become notorious for their enforcement of traffic violations along Interstate 85 and US Route 58. 

Interstate 85 runs through Brunswick County just north of the North Carolina border.  Both Brunswick deputies and Virginia State Police officers patrol this section of Interstate 85 heavily.  Alternatively, when traveling route 58 it is likely you will run into one of the town of Lawrenceville’s finest.  Mattox Law represents individuals charged with traffic crimes and infraction throughout Brunswick County including Alberta, Brodnax, White Plains, and Gasburg.

Brunswick General District Court 

Fortunately, the judge in Brunswick is typically good about working with individuals faced with a traffic related charges, and I am frequently able to negotiate a reduction.  However, this judge is very particular with what he requires for a reduction.  It is extremely important to speak with an attorney who is familiar with Brunswick and how the judge handles his docket.

It is also important to retain counsel who has established very good working relationships with the Brunswick Commonwealth’s Attorney’s office.  The Commonwealth’s Attorney or prosecutor does not typically get involved in reckless driving speeding charges; however, for more serious offenses such as Driving on a Suspended License, DUI, or Possession of Marijuana, the Commonwealth’s Attorney’s office plays a prominent role.  It is extremely important to choose an attorney who is very familiar with the Commonwealth’s Attorney prosecuting your case.

Defending Your Case

There are several tasks that I frequently have my clients complete prior to their scheduled court date in order to ensure the best possible outcome.  Alternatively, the judge will often have additional requirements before he is willing to reduce your charge.   The judge requires each of these items to be presented in the proper form.  Failure to follow every requirement can result in a conviction.  When looking for an attorney to represent you please be careful to speak with someone who is knowledgeable of the judge’s rules.  Below please find links to blog articles describing some of the mitigation evidence I use to defend my clients.  Please give me an email trey@mattoxlawpc.com or call (804) 451-6033 for additional suggestions on mitigation evidence for your Brunswick traffic case.

  • Community Service - Community service can be a powerful piece of mitigation evidence used to help get the best possible result in court.  In some cases a judge will order the defendant to complete community service as a requirement for a reduction of the charged offense.  On other occasions, I will advise my clients to complete community service hours proactively in order to present the best case possible.
  • Driving School - Completion of a defensive driving course can be very valuable to the defense of a reckless driving charge.  Often completing the course prior to your scheduled court date can be a useful tool to get the best possible outcome for your case.  You must also be careful you choose the correct driving school for your individual case.  Driving courses can range in length from six hours up to twelve hours.
  • Speedometer Calibration - Speedometer calibrations are often the single most important piece of evidence I present while defending reckless driving cases.  It is extremely important to have your vehicle properly calibrated in order to ensure that it is admissible in court and can be as beneficial as possible to the outcome of your case.  It is essential to select the right shop with the correct equipment.  You will want to take your vehicle to a shop with a dynamometer or “dyno.”

 If you have been pulled over in Brunswick County please feel free to contact me at your earliest convenience.  I offer free consultations and am available by phone (804) 451-6033 or email trey@mattoxlawpc.com

Brunswick General and Juvenile and Domestic Relations District Combined Courts
6th Judicial District of Virginia

Clerk
Ms Kathryn T. Clary

 Phone/Fax
Phone: (434) 848-2315
Fax: (434) 848-2550

Clerk's Office Hours
8:00 AM - 4:00 PM

Address
Albertis S. Harrison Jr. Courthouse
202 North Main Street
Lawrenceville, VA 23868-1808

General District Judges

  • Hon. C. Ridley Bain, Presiding Judge
  • Hon. Stephen D. Bloom, Chief Judge
  • Hon. Bruce A. Clark Jr.

Brunswick Case Results

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