Reckless Driving Speeding Traffic Attorney Chesterfield County VA

Chesterfield County VA Traffic Attorney

Chesterfield County VA has become notorious for the Chesterfield County Police Officers and Virginia State Troopers enforcement of the many Code of Virginia traffic violations especially regarding reckless driving and speeding. Experienced and knowledgeable Chesterfield County VA traffic attorney Trey Mattox has experience defending a wide variety of misdemeanor, felony, and infraction traffic violations including Speeding, Driving on a Suspended License, DUI, Reckless Driving, and possession of marijuana among others. Virginia Traffic Lawyer Trey Mattox would love the opportunity to walk you through the process of how to get out of a DUI, reckless driving, or speeding ticket in Brunswick County, VA. Virginia Traffic Lawyer Trey Mattox would love the opportunity to walk you through the process of how to get out of a DUI, reckless driving, or speeding ticket in Chesterfield County, VA.

Chesterfield County is located just south of Richmond and has three primary highways, State Route 288, Interstate 95, and Powhite Parkway.  These three highways account for a significant portion of the traffic related offenses in Chesterfield.  Mattox Law is ready to help guide you through complicated legal process with knowledgeable representation.  Mattox Law represents clients charged with felony, misdemeanor, and infraction traffic violations throughout Chesterfield including Manchester, Bon Air, Meadowbrook, Bon Air, Midlothian, Brandermill, Bellwood, Matoaca, Chester, Moseley, Woodlake, Matoaca, Enon, Robious, and Ettrick.

Chesterfield General District Court consists of four different courtrooms.  This means there are four different judges with four different personalities.  There are a number of different commonwealth’s attorneys or prosecutors who handle traffic cases in Chesterfield.  It is important to retain a lawyer who is familiar with the different personalities present in the Chesterfield court system.

Chesterfield County VA traffic lawyer Trey Mattox has extensive experience representing individuals charged with a wide variety of traffic violations including reckless driving, speeding, and DUI charges among others. He has successfully defended these cases providing results that in nearly every instance avoid a conviction for the traffic misdemeanor or infraction alleged. If you have been charged with a traffic crime or infraction in Chesterfield County VA, contact knowledgeable and accomplished Chesterfield County traffic lawyer Trey Mattox.

Reckless Driving

Reckless Driving is one of the primary offenses I see in Chesterfield.  The severity of this offense comes as quite a surprise to many of my clients.  The most prevalent reckless driving statute is Virginia Code § 46.2-862 Exceeding Speed Limit.  The reckless driving VA code states:

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.

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 one year in jail, $2500 fine, and 6 month license suspension.  Additionally,  there are many secondary consequences such as increased insurance premiums, points on your driving record, license suspensions due to accumulation of points, and failed criminal background checks.

The Reckless Driving Statutes

Reckless driving in the Virginia Code has 14 sections containing different variations or definitions of reckless driving in Virginia.  The following statutes are the list of the various reckless driving laws in Virginia:

·      § 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.

Defending Speeding Cases

Speeding tickets in Virginia can vary significantly depending on the nature of the offense.  The most severe cases are often charged as reckless driving by speed, which elevates the offense from a simple traffic infraction to a class 1 misdemeanor.  Although speeding is an infraction rather than a misdemeanor, a conviction can still carry very serious consequences.  A speeding conviction can lead to license suspension, high fines, points on your driving record, and increased insurance rates.

Speeding ticket lawyer Trey Mattox has represented thousands of individuals charged with speeding infractions and has an outstanding record of having those charges reduced or dismissed.  When contesting speeding tickets, Trey regularly saves Mattox Law clients hundreds of dollars in fines and insurance premiums as well as helping to preserve driving privileges.  Trey is intimately familiar with Virginia speeding ticket laws and what is required of the officer ensuring that all possible legal strategies are pursued.

DUI Representation

A conviction for a DUI in Virginia carries very extreme consequences and can often lead to time in jail.  DUI meaning driving under the influence and can be applied to both drug and alcohol cases. Additionally, there is no categorical difference in Virginia in between DUI v. DWI although the offense is most frequently referred to as a DUI. Similar to reckless driving, a first offense DUI charge in Virginia is a class 1 misdemeanor which has a maximum $2,500 fine, 12 month license suspension, and 12 months jail sentence.  Additionally, there are mandatory minimum sentences which must be enforced by the judge upon conviction of an elevated BAC DUI.  A DUI can become elevated due to the defendants blood alcohol content (BAC) and previous DUI convictions.  There are too many scenarios to list here, but I would invite you to contact me so that we can discuss your case and whether any of these factors would apply to your case.

Trey analyzes each case with extreme care in order to bring to light any possible defenses which can be used in trial.  This careful analysis can become important not only at trail but also during negotiations with the prosecutor.  There are often questionable situations in a DUI case which may not be significant enough to lead to a dismissal but can be used as leverage for a better plea agreement.  It is extremely important to contact an attorney who is willing to spend the time to go over every detail in order to get the best possible result for your case. 

Other Traffic Infractions

While the more serious traffic violations are characterized as misdemeanors or felony’s, there are many other traffic violation with plenty serious consequences that are classified as traffic infractions. Traffic infractions can carry points for your driving record and drastically affect your your insurance rates but do not result in a criminal conviction. Chesterfield County VA traffic lawyer Trey Mattox is ready to navigate you through process of defending against these infractions:

  • § 46.2-802 Drive on right side of highways

  • § 46.2-806 One-way roadways and highways

  • § 46.2-808.1 Use of crossovers on controlled access highways

  • § 46.2-809 Regulation of truck traffic on primary and secondary highways

  • § 46.2-809.1 Regulation of residential cut-through traffic by Board

  • § 46.2-814 Driving through safety zone prohibited

  • § 46.2-816 Following too closely

  • § 46.2-817 Disregarding signal by law-enforcement officer to stop; eluding police; penalties

  • § 46.2-821 Vehicles entering highways shall stop or yield right-of-way

  • § 46.2-822 Right-of-way at circular intersections

  • § 46.2-830 Fail to obey highway sign

  • § 46.2-830.1 Failure to obey highway sign while sleeping

  • § 46.2-833 Fail to obey traffic signal

  • § 46.2-833.1 Evasion of a traffic control device

  • § 46.2-835 Right turn on steady red light after stopping

  • § 46.2-844 Passing stopped school bus

  • § 46.2-845 Illegal U-turn

  • § 46.2-870 Speeding

Expected Outcomes

Each traffic case is unique and carries individual issues leading to a variety of potential results. The biggest factor affecting the outcome of a case of course is the original traffic ticket received or allegation. Certainly, we expect far different outcomes for DUI charges as compared to speeding tickets. However, there are many other factors that can affect potential results involved with every traffic case. One of the most important factors the court will take into consideration is your demeanor when interacting with the police officer. The judge will be far more lenient to an individual who is polite and cooperative with the officer as opposed to someone who was argumentative or otherwise uncooperative. Another major factor is the number of prior violations and points on your driving record. Most judges and commonwealth attorney’s will not willing to agree to a favorable outcome without viewing your driving record first. A clean driving record will allow for much better results than one with multiple prior speeding tickets or other traffic infractions, misdemeanors, or felonies.

Driving School for Dismissal

Driving school is a very powerful tool in the defense of traffic infractions and crimes. In many cases I will advise my clients to complete driving school before the court date in order to achieve a better outcome. In other case, the judge may require the you to complete driving school in order to have the case completely dismissed. Under those circumstances it is up to the you to get the driving school completed by the deadline set by the court in order to have the case dismissed. In many cases judges will issue driving school after your first ticket and are less willing to allow for driving school after subsequent tickets. Of course courts and judges differ from jurisdiction to jurisdiction and some are more lenient in this regard. In most cases the court will allow you to complete driving school online or in person as long as the hour requirement is met. To be in compliance with the courts order you must ensure that the original certificate of completion for the defensive driving program is submitted to the court by the deadline set by the judge. In addition to the certificate you will be required to pay court costs which will vary depending on the court and violation.

Defective Equipment

What is a defective equipment ticket in Virginia? A defective equipment charge in Virginia is a violation you may receive for having a tail light out or maybe a cracked windshield. This is a non-moving violation typically indicating that something may have been wrong with your vehicle as opposed to something being wrong with your driving. As a non-moving violation, defective equipment does not carry any points on a Virginia driving record and most other states as well. Many judges in Virginia use defective equipment as a means to reduce a traffic violations that otherwise would carry points on your driving record. A reduction to defective equipment is often a bit of a quid pro quo allowing judges to reduce moving violations to keep points off of a driving record while still allowing him to collect a fine. In many cases the Judge will keep the fine at the standard fine based on the originally charged speed. In other cases, the judge may enhance the fine for having a few priors on your record or possibly demeanor issue with the officer.

Speeding Infraction

For some reckless driving and speeding cases, avoiding any points on your record with a non-moving violation or having the case dismissed may not always be possible. In those cases, our focus will often shift from avoiding the points to at least reducing the number of points going on your driving record and avoiding the class 1 misdemeanor conviction. Reckless driving of course is considered a class 1 misdemeanor so at the very least we need to ensure that you are not convicted of reckless driving to ensure you do not end up with a criminal record. Simple speeding is just a traffic infraction and therefore will avoid the misdemeanor conviction. Additionally, most states DMV point systems are based on speed and the number of miles per hour the allegation is over the speed limit. By convincing the court to reduce the speed we should at least be able to reduce the number of points going on your record. This reduction in points can then have several secondary consequences as well. In some states a conviction over a certainly threshold, such as 15 miles per hour over the speed limit, can lead to an automatic license suspension. By reducing the speed below that limit we can ensure that your license is not administratively suspended by your states DMV. A reduction in speed will also help to ensure that your insurance rates are not effected. Most insurance companies will use the miles per hour over the speed limit as part of their analysis to determine whether your insurance rates should be increased. Therefore, the lower the speed can be reduced to the less likely that your insurance rates will be affected.

Improper Driving

Improper driving is a frequently used reduction specific to reckless driving cases. I find improper driving is most frequently used in accident related cases; however, it is certainly used by many judges in reckless driving by speed cases. Many judges and commonwealth’s attorneys use improper driving as means to reduce reckless driving by speed cases because it allows them to issue an elevated fine of $500.00 as opposed to the maximum fine for a simple speeding conviction of $250.00. However, on the positive side, improper driving only stays on a Virginia driving record for 3 years as opposed to 5 years for a speeding violation and 11 years for a reckless driving conviction.

Conviction

Unfortunately, there are certain cases that, despite our best efforts, result in a conviction of the originally charged infraction or class 1 misdemeanor for reckless driving offenses. Of course in most cases our number one goal is simply avoiding a conviction for that alleged offense. In some cases it is improbable or nearly impossible to get the charge reduced. These cases can be difficult to reduce for a number of different reasons including the nature of the alleged offense, the underlying facts, and what your prior record looks like. In these situations we are hoping instead to convince the court to reduce the consequences of a conviction including the fine, license suspension, and jail sentence.

Testimonials

Hi Stephanie, Thank you. I"m very relieved and grateful. That is terrific news. I want you to know that my phone call with you the first time and your quick email with all the info I needed after we spoke, was the primary reason I decided to go with you and Trey.  You were extremely helpful, pleasant, and very knowledgeable. I had a good feeling about it. And i want to support a smaller team. I called a few other of the larger firms but never followed up. - Sean

Wow!!! Thank you so much for all your help.  I am extremely grateful for your guidance and for taking care of this matter for me. - Stacy

I wanted to follow-up and "Thank you" personally for taking my case and also to say that I am extremely grateful to you and your team for getting my reckless reduced to a non-moving violation, 'defective equipment. I couldn't be happier with your services.  That was beyond my expectation and it was a tremendous relief all things considered, with the couple previous tickets.  I thanked Stephanie on the phone and sent her a short note also.  I was impressed with her after my initial phone conversation, but more so after her follow-up email to me within minutes after our phone conversation.  She was extremely knowledgeable, professional, and concise. She answered all my questions thoroughly and politely and emailed me everything I needed to include the link for the driving school, which she suggested I complete. Also, of great importance was your experience and that you would "personally" be representing me and not pass me off to an assistant. Of the 15 or so letters I received, there was something about your letter that stood out--something genuine and to the point--it was considerate and not full of marketing hype. It contained good info and wasn't the typical corporate "drive-by" mailer.  After looking through all the letters, most went into the trash except for your's and a maybe one other. I called one of the larger lawyer firms and got passed off to what sounded like a two interns....I wasn't impressed. - Sean

Defending Your Case

To ensure you don’t suffer from the above mentioned consequences please be careful to hire an attorney who is knowledgeable and experienced in Chesterfield County.  Each judge can be particular about the way he or she like certain things completed and presented to the court.  I often have my client complete these items prior to court and it is important to ensure everything is completed properly.  Below please some links to blog articles answering some of my clients frequently asked questions.  Please send me a call at (804)-451-6033 or email me at trey@mattoxlawpc.com for additional suggestions on mitigation evidence for your Chesterfield traffic case. Alternatively, you can submit and inquiry online by filling out the boxes on the right hand side.

  • 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. Judges have differing standards when it comes to community services. Most if not all judges will be satisfied with your community service hours if completed according to the following guidelines. First, the community service must be completed for a non-profit organization. However, many judges adhere to strict prohibitions against doing community services for any school, church, or any other organization you are currently associated with. The second requirement for community services work deals with the reporting of the work.  Many of the judges that I appear before regularly are extremely picky about how the community service should be documented and presented to the court.  Ultimately, you will want to have the supervisor write a letter on a piece of the organization’s letterhead describing the dates and hours you worked, a description of the work, and the total number of hours worked.  Some judges even require this letter to be signed by the supervisor in front of a notary.

  • 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. You must also be sure that driving school is the correct tool for your case. For high-speed cases I often get my clients to complete a 12-hour aggressive driving course.  The length and subject matter of these courses can show that a client is very concerned about their case and willing to do what it takes to avoid a conviction.  There are two primary sources I use for 12-hour courses.  The first is offered through the Virginia Alcohol Safety Action Program (VASAP) and is called Reckless/Aggressive Driver Education Program (RADEP).  This is a two-day, in person aggressive driving school.  The other primary source is one of the many 12 hour courses offered online out of Florida.  The state of Florida uses 12-hour driving schools with great frequencies and has many online programs available. Judges can differ significantly when it comes to the value they will place on driving school. Some judges refuse to order defendants to take driving school, some will only use driving school for exceptional cases, and others rely solely on driving school as a means of reducing reckless driving charges. In Virginia, DMV will add five positive points to your driving record if you complete driving school voluntarily and submit the certificate of completion to the DMV. When signing up to take a defensive driving course you should be given the option of court ordered and voluntary for points on your record. It is important to take the court ordered course when completing it prior to your court date to ensure the judge gives you proper credit for completing it.

  • 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.” In essence a dynamometer is a device used to test the accuracy of your vehicle’s speedometer, among other functions. The technician will put your vehicle on the dynamometer and measure what your speedometer is reading as compared to the actual wheel speed of your vehicle in order to determine how accurate your speedometer is. A favorable calibration will demonstrate to the judge that your speedometer was reading lower than your actual speed.  This will help to show that you were unaware that you may have been traveling at that alleged speed.  Many of the judges that I appear before regularly give my clients credit for the calibration and will reduce a charge down further than he or she may have otherwise been willing to do. A true calibration will carry the greatest weight in court.  Many of my clients will take their vehicles to a shop without a dynamometer before they have spoken to me.  Frequently these shops will inform my clients that their speed sensor or speedometer cluster is malfunctioning and offer to replace them.  While this can be helpful to a reckless driving case it does not usually carry the same amount of weight as a true calibration.

It is also important to retain a lawyer who has a very good working relationship with the Chesterfield Commonwealth’s Attorney’s office.  The Commonwealth’s Attorney or prosecutor play a minimal role in standard Reckless Drivingor Speeding charges; however, for more serious offense 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.

If you have been pulled over in Chesterfield 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. Alternatively, you can submit and inquiry online by filling out the boxes on the right hand side.

Chesterfield General District Court 12th Judicial District of Virginia

Clerk
Mrs Linda J. Moore

 Phone/Fax
Phone: (804) 748-1231
Fax: (804) 748-1757

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

Address
P. O. Box 144
Chesterfield Courthouse
9500 Courthouse Road
Chesterfield, VA 23832-0144

General District Judges

  • Hon. Pamela O'Berry, Presiding Judge, Chief Judge

  • Hon. Keith Nelson Hurley, Presiding Judge

  • Hon. Matthew Donald Nelson, Presiding Judge

  • Hon. James J. O'Connell III, Presiding Judge

  • Hon. Thomas L. Vaughn, Presiding Judge

Chesterfield Case Results

Frequently Asked Questions

Is The Officer Required To Show The Radar?How Will My Status In The Military Affect My Reckless Driving Or Speeding Traffic Case?What Is Defective Equipment?Why Was I Convicted Of Improper Driving And What Does That Mean Now?Why Am I Charged With Reckless Driving If I Was Not Driving Recklessly?Should I Plan To Appear In Court?; How Much Will My Fine Be And How Do I Pay It?What Is An Appropriate Place To Complete Community Service?; Does The Officer Need To Calibrate The Radar/Lidar?Should I Take An 8-Hour or 12-Hour Defensive Driving Course?Reckless Driving For Passing A School Bus