Petersburg Virginia Reckless Driving Speeding Traffic Lawyer

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

Petersburg Reckless Driving Representation

The City of Petersburg is located just north the intersection of Interstate 85 and 95 and includes a significant portion of U.S. Route 460.  Interstate 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 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.  

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 one year in jail, $2500 fine, 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.

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 speeding or reckless driving 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 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 this judge’s rules.  Below please find links 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 addition suggestions on mitigation evidence for your Petersburg 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.
  • 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 Petersburg 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.

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

Frequently Asked Questions

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