Richmond Virginia Reckless Driving Traffic Lawyer

Have you received a Virginia uniform summons for reckless driving in Richmond, Virginia?  Contact Richmond reckless driving speeding traffic attorney, Trey Mattox for a free consultation, phone (804) 451-6033 or email trey@mattoxlawpc.com.

Richmond Reckless Driving Representation

Richmond is located at the intersection of the Interstate 95, Interstate 64, Downtown Expressway, and Powhite Parkway.   As these highways converge on Richmond, their speed limits all decrease, creating issues for individuals who miss the change of speed signs.  Due to the decreasing speed limits, many of my clients are simply not aware they were going that far over the limit until they receive a summons for reckless driving.  These four highways account for a significant portion of the traffic related offenses in Richmond.  In addition to the decreasing speed limits, there are additional issues unique to urban transportation such as the abundance of one way streets, two way roads which are hardly wide enough to fit two cars through, and street parking.  We see a lot of reckless driving accident cases and driving the wrong way down a one way road flowing from these road conditions.  Mattox Law is ready to help guide you through complicated legal process with knowledgeable representation.  I handle a variety of traffic related offenses including DUIdriving on a suspended licensespeedingreckless driving, and possession of marijuana.

Richmond General District Court consists of two different courts.  This means there are two different judges with two different perspective on how to handle any given case.  Additionally, there are a number of different commonwealth's attorneys or prosecutors who handle traffic cases in Richmond.  It is important to retain an attorney who is familiar with the different players involved in the Richmond court system.  You need someone who will be able to guide you through the legal structure of the Richmond court system.

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.  The speed limit on the highways surrounding Richmond reduce to 55 which means most of our reckless driving by speed cases are based on the 20 or miles over portion of the statute.

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 $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.  In many cases a reckless driving conviction can prevent you from receiving a job offer or being promoted within your current employment.

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 the proverbial catchall reckless driving statute which gives police officers a lot of deference to charge a variety of actions as reckless driving.  Most frequently this code section is used for accident cases, but we have seen this used for a variety of different driving behaviors.  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.

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 Richmond.  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 item prior to court and it is important to everything is completed properly.  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 Richmond traffic case.

Driving School

Community Service

Speedometer Calibration

If you have been pulled over in Richmond City 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

Richmond-Traffic General District Court 13th Judicial District of Virginia

Clerk
Ms Rebecca Schmidt

 Phone/Fax
Phone: (804) 646-6431
Fax: (804) 646-6659

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

Address
John Marshall Courts Building
400 N. 9th Street
Room 209
Richmond, VA 23219-1508

General District Judges

  • Hon. Tracy W. J. Thorne-Begland, Chief Judge
  • Hon. Lawrence B. Cann
  • Hon. David Eugene Cheek Sr.
  • Hon. Barbara J. Gaden
  • Hon. David M. Hicks
  • Hon. Jacqueline S. McClenney

Richmond-Traffic Case Results

 

Related Links and Articles

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