Mecklenburg County Virginia Reckless Driving Speeding Traffic Ticket Attorney

Mecklenburg, Virginia is located on the border between North Carolina and Virginia.  Most of the traffic violations I see in Mecklenburg occur along Interstate 85 and Route 58.  Of the two major highways, Interstate 85 is particularly troubling for many of my clients with its 70 mile per hour speed limit.  In Virginia traveling above 80 miles per hour is considered reckless driving driving by speed which is a class 1 misdemeanor.  This becomes of particular concern when traveling in these 70 mile per hour speed zones where going 11 miles per hour over the limit is considered a class 1 misdemeanor.  Both Mecklenburg 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 Boydton or Brodnax's finest.  Mattox Law represents individuals charged with traffic crimes and infraction throughout Mecklenburg County including Buffalo Junction, Brodnax, South Hill, Bracey, Skipwith, Boydton, Shiny Rock, Clarksville, Palmer Springs, Baskerville, La Crosse, and Union Level.

Defending Speeding Cases

Speeding charges 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 points on your driving record, high fines, license suspension, and increased insurance rates.

Trey Mattox has represented hundreds of individuals charged with speeding offenses and has an outstanding record of having those charges reduced or dismissed.  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 laws and what is required of the officer ensuring that all possible legal strategies are pursued.

Reckless Driving

 Reckless Driving is the primary offenses I see in Henrico.  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.  This statute defines reckless driving as:

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 $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.

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.

Expected Outcomes

Each traffic case is unique and carries individual issues leading to a variety of results. The biggest factor effecting the outcome of a case of course is the original allegation. Certainly, we expect far different outcomes for DUI’s offenses as compared to speeding offenses. However, there are many other factors involved with every traffic case. One of the most important factors the court will take into consideration is your demeanor. 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 on your record. Most judges and prosecutors will not provide a favorable outcome with out viewing your record first. A clean record will allow for much better outcomes than one with multiple violations.

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 in Mecklenburg will often have additional requirements before he is willing to reduce your charge.   Judge Warren 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 Judge Warren'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 me at trey@mattoxlawpc.com or call at (804)-451-6033 for additional suggestions on mitigation evidence for your Brunswick 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. 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.

  • 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 organizations 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.

  • 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 devise used to test the accuracy of your vehicles 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.

Mecklenburg General District Court 

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

It is also important to retain counsel who has established very good working relationships with the Mecklenburg Commonwealth’s Attorney’s office.  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 Mecklenburg County 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.

Mecklenburg General District Court

Clerk
Ms Tammy Tollerson Taylor

Phone/Fax
Phone: (434) 738-6260
Fax: (434) 738-0761

Clerk's Office Hours
8:30 AM - 4:30 PM

Address
911 Madison Street
P.O. Box 306
Boydton, VA 23917-0306

General District Judges

  • Hon. Charles Warren, Presiding Judge, Chief Judge

  • Hon. J. William Watson Jr.

  • Hon. Robert G. Woodson Jr.

Mecklenburg Case Results

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