Stafford County Virginia Reckless Driving Speeding Lawyer

Have you received a reckless driving summons 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 Attorney

Stafford County is located along interstate 95 just north of Spotsylvania County and Fredericksburg 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 possession of marijuana, following too close, speeding, driving on a suspended license, underage possession of alcohol, DUI, and failure to maintain control.  Mattox Law represent individuals charged with traffic crimes and infractions throughout Stafford county including Hartwood, Brooke, White Oak, Aquia Harbour, Falmouth, Ruby, Garrisonville, Mountain View, and Settlers Landing.

What is Reckless Driving Speeding in Virginia?

The most common form of reckless driving in Virginia is reckless driving by speed.  If you received a reckless driving 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.  

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.

STAFFORD GENERAL DISTRICT COURT 

The Stafford General District Court is located at 1300 Courthouse Road, Stafford, Virginia.  

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 reckless driving or speeding 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 will often have additional requirements before he is willing to reduce your charge.   The 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 judges rules.  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 Stafford 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 Stafford County 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.

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

Related Links

 I am not from Virginia, how many points will go onto my license in my home state?Will Community Service Help My Traffic Case?Should I Take An 8-Hour or 12-Hour Defensive Driving Course?Where is the state inspection sticker supposed to be placed?New Kent, Virginia Reckless Driving AttorneyWhy Am I Charged With Reckless Driving If I Was Not Driving Recklessly?; Dinwiddie, Virginia Reckless Driving LawyerWill Requesting A Continuance Have An Impact On My Case?Should I Take My Vehicle To Have The Speedometer Calibrated?