Sussex Virginia Reckless Driving Speeding Attorney

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

Sussex Reckless Driving Representation

Sussex has become notorious for their enforcement of traffic violations primarily along U.S Route 460 and Interstate 95.  This reputation stems in large part from the town of Waverly, which travels through the county of Sussex.  When Route 460 enters Waverly the speed limit is 55, but quickly drops to 45 and shortly thereafter to 35 miles per hour, all in a very brief distance. Many of my clients simply miss a sign and find themselves traveling much farther over the limit than intended.  In addition to Waverly, Mattox Law represents clients who receive traffic infractions and crimes throughout Sussex County including Jarrat, Yale, Homeville, Grizzard, Stoney Creek, Wakefield, Littleton, and Capron.

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.  

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.

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 increased insurance premiums, points on your driving record, license suspensions due to accumulation of points,  and failed criminal background checks.

Defending Your Case

The judges in Sussex are particular in what they like to do in certain situations and what they will and will not accept as evidence in a case.  Failure to properly follow the requirements each judge sets will often result in a conviction.  It is very important to retain an attorney familiar with each judge in order in ensure you get the best possible outcome for your case.  Below please find links to blog articles describing some of the mitigation evidence I use to defend my clients.  Please give me a call or email for addition suggestions on mitigation evidence for your Sussex traffic case.

Community Service

Driving School

Speedometer Calibration

It is also important to retain an attorney who has established very good working relationships with the Sussex 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 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.

If you have been pulled over in Sussex County 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.

Sussex General and Juvenile and Domestic Relations District Combined Courts
6th Judicial District of Virginia

Clerk
Ms Faye Parham Yelverton
email: fyelverton@courts.state.va.us

 Phone/Fax
Phone: (434) 848-2315
Fax: (434) 848-2550

Clerk's Office Hours
8:30 AM - 4:30 PM

Address
P. O. Box 1315
15098 Courthouse Road
State Route 735
Sussex, VA 23884

General District Judges

  • Hon. Stephen D. Bloom, Presiding Judge, Chief Judge
  • Hon. C. Ridley Bain
  • Hon. Bruce A. Clark Jr.
  • Hon. H. Lee Townsend III

Sussex Case Results

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