Petersburg, Virginia Reckless Driving Speeding Traffic Attorney

            The City of Petersburg is located just north the intersection of Interstate 95 and 85 and includes a significant portion of U.S. Route 460.  Interstates 85 and 95 through Petersburg can be particularly troublesome for travelers unfamiliar with the area.  The speed limit through this section suddenly drops to 55 mph after miles of 70 mph zones.  Many of my clients find themselves in the unfortunate position of missing one speed limit sign and receiving a summons from one of Petersburg’s finest.

What is Reckless Driving?

There are many varieties of Reckless Driving in Virginia, but the most prevalent 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.

Due to the drastic drop in speed going through Petersburg, I often see clients who receive the latter more traditional type of reckless driving, twenty miles or more above the 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 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.

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.

DUI Representation

A conviction for a DUI in Virginia carries very extreme consequences and can often lead to time in jail.  Similar to reckless driving, a first offense DUI is a class 1 misdemeanor which has a maximum $2,500 fine, 12 months jail sentence, and 12 month license suspension.  Additionally, there are mandatory minimum sentences which must be enforced by the judge upon conviction of an elevated DUI.  A DUI can become elevated due to the defendant's blood alcohol content 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 trial 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.

    Petersburg General District Court

     I have found the judge in Petersburg to be fair and reasonable when hearing traffic matters in his court, and I am typically able to obtain a reduction of the charged offense in his court.  However, this judge can be particular about what he will require for a reduction. When looking for an attorney to represent you please be careful to speak with someone who is knowledgeable of the judge’s rules. 

    It is also important to retain an attorney who has a very good working relationship with the Petersburg 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 DUIDriving 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 in Petersburg will often have additional requirements before he is willing to reduce your charge.   This 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, be careful to speak with someone who is knowledgeable of the judge’s rules.  Below please find links describing some of the mitigation evidence I use to defend my clients.  Please give me a call at (804)-451-6033 or email at trey@mattoxlawpc.com for additional suggestions on mitigation evidence for your Petersburg traffic case.

    Driving School

    Speedometer Calibration

    Community Service

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

    Petersburg General District Court 11th Judicial District of Virginia

    Clerk
    Ms Dana Helm Shannon

     Phone/Fax
    Phone: (804) 733-2374
    Fax: (804) 733-2375

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

    Address
    35 East Tabb Street
    Petersburg, VA 2380

    General District Judges

    • Hon. Ray P. Lupold III, Presiding Judge
    • Hon. Mayo K. Gravatt, Chief Judge
    • Hon. Robert Beman Beasley Jr.

    Petersburg Case Results

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