Stafford County Virginia Reckless Driving Speeding Traffic Ticket Attorney

 Stafford, Virginia Reckless Driving Speeding Lawyer

Have you been charged with Speeding, Reckless Driving, or traffic violation in Stafford County, Virginia?  Contact Stafford, Virginia traffic attorney Trey Mattox for a free consultation today, email trey@mattoxlawpc.com or phone (804) 451-6033

Stafford Virginia Reckless Driving and Speeding Representation

Stafford County is located along interstate 95 just north of Fredericksburg and Spotsylvania County and just south of Prince William County, Virginia.  The speed limit on interstate 95 through the majority of Stafford is 70 miles per hour.  Therefore, many of my clients are faced with a Reckless Driving charge for traveling over 80 miles per hour in a 70 mile per hour zone.  Mattox Law also represents clients with following too close, Speeding, underage possession of alcohol, possession of marijuana, DUI, driving on a suspended license, and failure to maintain control.  Mattox Law represent individuals charged with traffic crimes and infractions throughout Stafford county including Garrisonville, Hartwood, Falmouth, White Oak, Aquia Harbour, Mountain View, Ruby, Brooke, and Settlers Landing.

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.

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 Interstate 95 in Stafford County is 70 miles per hour.  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 $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.

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 month license suspension, and 12 months jail sentence.  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 trail 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. 

Stafford General District Court

The Stafford General District Court is located at 1300 Courthouse Road, Stafford, Virginia.  The presiding judge in the Stafford General District Court is a very far and reasonable. 

It is important to retain counsel who has established very good working relationships with the Stafford Commonwealth’s Attorney’s office.  The Commonwealth’s Attorney or prosecutor does not typically get involved in speeding or reckless driving charges under 100 miles per hour; however, for more serious offenses such as Driving on a Suspended License, DUI, 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.

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 Stafford 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 to represent you please be careful to speak with someone who is knowledgeable of the judge'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 Stafford traffic 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.  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. 
  • 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. 
  • 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.  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.  

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

Stafford General District Court 15th Judicial District of Virginia

Clerk
Ms Nicole B. McGuire
email: nmcguire@courts.state.va.us

 Phone/Fax
Traffic/Criminal - (540) 658-8935
Civil - (540) 658-4641
Fax: (540) 658-4834

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

Address
P. O. Box 940
1300 Courthouse Road
The Judicial Center
Stafford, VA 22555-0940

General District Judges

  • Hon. J. Bruce Strickland, Presiding Judge
  • Hon. John R. Stevens, Chief Judge
  • Hon. David B. Caddell Jr.
  • Hon. Hugh S. Campbell
  • Hon. John S. Martin
  • Hon. Richard T. McGrath
  • Hon. Robert Eric Reibach

Stafford Traffic Case Results

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