Emporia Virginia Reckless Driving Speeding Traffic Attorney

Have you been charged with reckless driving speeding in Emporia, Virginia?  Contact Emporia reckless driving lawyer Trey Mattox for a free consultation, email trey@mattoxlawpc.com or phone (804) 451-6033.

Emporia Reckless Driving and Speeding Representation

Emporia is one of the most notorious “speed traps” in Virginia.  Emporia is located just north of the North Carolina border with Virginia.  There are two primary highways running through Emporia, Interstate 95 running north and south and U.S. Route 58 traveling east and west.  The majority of the traffic violations in Emporia occur along these two highways.

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.  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.  

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

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

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.

EMPORIA GENERAL DISTRICT COURT 

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

It is also important to retain an attorney who has established a very good working relationship with the Emporia Commonwealth’s Attorney’s office.  The Commonwealth’s Attorney or prosecutor does not typically get involved in reckless driving or speeding charges; however, for more serious offense such as DUI, Driving on a Suspended License, 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 often results in a conviction.  When looking for an attorney to represent you please be careful to speak with someone who is knowledgeable of the judges rules.  Below please find links to blog articles describing some of the mitigation evidence I use to defend my clients.  Please give me a call (804) 451-6033 or email trey@mattoxlawpc.com for additional suggestions on mitigation evidence for your Emporia traffic case.

  • 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.
  • 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.
  • 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.

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

EMPORIA GENERAL DISTRICT COURT

Clerk
Ms Sandra Andleton Ligon

Phone/Fax
Phone: (434) 634-5400
Fax: (434) 634-0049

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

Address
315 South Main Street
Emporia, VA 23847

General District Judges

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

EMPORIA CASE RESULTS

Related Links

Sussex, Virginia Speeding LawyerWill Requesting A Continuance Have An Impact On My Case?What are the penalties for reckless driving in Virginia?Will Community Service Help My Traffic Case?Greensville, Virginia Speeding LawyerShould I have my Virginia Reckless Driving Case Continued?What happens if I argued with the officer?Why Would My License be Suspended?Should I Take My Vehicle To Have The Speedometer Calibrated?; Out of State Drivers