I was charged with reckless driving. How do I find a great lawyer?

It is important to know that reckless driving is a Class I misedemanor in Virginia. If you are convicted, you face a large fine, possible jail, suspension of your operator's license, and a large increase in insurance rates.

A great lawyer is someone who cares about his clients. A great lawyer thinks of his clients as individuals and not as a source of money in his pocket.

If you allow me, Anthony L. Montagna, III, the privilege of representing you, I will treat you like I would like my family members to be treated by a lawyer. I will return phone calls and strive to answer your questions. When your case is completed, I want you to think you received exceptional representation and great value for the money you paid in hiring me.

If you need a reckless driving lawyer in Norfolk, Virginia Beach or any place in Virginia, call Montagna & Montagna, P.C. As a law firm with lawyers who have over 60 years of combined legal experience, we have handled many reckless driving cases. My firm has great lawyers who treat people great.

My wife was wrongly diagnosed. What do I?

If you think you or a family member has a medical malpractice case, you should call me, Anthony L. Montagna, III, a medical malpractice lawyer in Norfolk, Virginia. I will advise you to obtain all medical records that support your contention that you or a family member was a victim of medical malpractice. It is important to understand that the fact that a mistake occurred does not automatically create a cause of action against the doctor.

To succeed in a medical malpractice case, we must prove that the doctor breached the standard of care. As an experienced lawyer, I will help to ensure that your case is reviewed by knowledgeable, medical personnel.

If you have any questions, please feel free to contact my firm, Montagna & Montagna, P.C. We are experienced lawyers, who practice in Norfolk, Virginia Beach, and all of Hampton Roads, Virginia. Our telephone number is 757-625-3500.

I was hurt by a drunk driver. What should I do?

First, you should contact me, Anthony Montagna, III, a personal injury lawyer. Since you are hurt, you should immediately go to the hospital for treatment and plan to follow up with your personal physician if instructed by the hospital staff.

As an experienced personal injury lawyer in Norfolk, Virginia, I can help you receive fair compensation for your injuries. You may be entitled to punitive damages, which are intended to punish the defendant for driving drunk. Thus, it is important to receive guidance from an experienced lawyer who serves injured parties in Norfolk, Virginia Beach, and Hampton Roads.

In any case, you should avoid speaking to the insurance adjustor, except for allowing him to inspect and fix your vehicle. I would welcome the opportunity to help and serve you.

Wilder v. Commonwealth (911 Tape- Hearsay - Confrontation Clause)

In this case, The Virginia Court of Appeals rules that 911 tapes should not be allowed into evidence unless the person making the statement is facing an on going emergency. The basis for the holding is the admission of the tape would violate the defendant's Sixth Amendment right to confront the witness.

Brown v. Commonwealth (Juvenile - Mandatory Minimum Sentence)

In this case, The Virginia Supreme Court rules effectively that when a juvenile is tried as an adult and receives a mandatory minimum sentence (e.g. use of firearm during commission of a felony) that the trial court cannot sentence the defendant as a juvenile offender. The Court concurred with the Virginia Court of Appeals in stating that the circuit court should have followed Section 16.1-272(A)(1) instead of Section 16.1-272(A)(2).

Franks v. Delaware, 438 U.S. 154 (1978)

This case lays the foundation for courts in determining the validity of an affidavit in support of a search warrant. In effect, the Court ruled that the defendant must establish the requisite substantial preliminary showing that the search warrant affidavit contains deliberately false or recklessly false statements or omissions required in support of probable cause.

Jones v. Commonwealth (DUI- Blood Test Refusal- Evidence of Guilt)

In this case, The Virginia Supreme Court ruled that the defendant's refusal to perform field sobriety tests cannot be used as evidence of guilt. However, the refusal when accompanied with other indicia of of alcohol consumption and its effects on the defendant may be used in reviewing probable cause to arrest.

Anderson v. Commonwealth (Miranda warning- public safety exception-loaded gun

In this case, the Virginia Supreme Court ruled that the public safety exception to the Miranda warnings justified admitting the defendant's statement about whether the gun was loaded in response to officer's questions.

Wills and Trusts

In Antisdel v. Ashby, The Virginia Supreme Court ruled that the administrator of her son's estate who was only appointed for the purpose of bringing a wrongful death suit did not have standing to pursue a personal injury survival claim on behalf of the estate. However, the language under Section 64.1-75.1 of the Code of Virginia, as amended, allows the clerk of the circuit court to appoint an administrator to pursue personal injury and wrongful death actions.

In this case, the administrator wrongfully asserts that she was entitled to pursue alternative claims, when she was not appointed with that power.

What is Uninsured and Underinsured Motorist Coverage?

Pursuant to Section 38.2-2206 (B) of the Code of Virginia, as amended, '"Uninsured motor vehicle " means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by Section46.2-472, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with insurer, (iii) there is no bond or deposit of money or securities in lieu of insurance, (iv) the owner of a motor vehicle has not qualified as a self-insurer under the provisions of section 46.2-368, or (v) the owner or operator of the vehicle is immune from liability for negligence under the laws of the Commonwealth or the United states, in which case the provisions of subsection F shall apply and the action shall continue against the insurer. A motor vehicle shall be deemed uninsured if its owner or operator is unknown."

Also pursuant to Section 38.2 (B) of the Code of Virginia as amended, "A motor vehicle is "underinsured" when, and to the extent that, the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities made pursuant to Article 15 (Section 46.2-435 et. seq.) of Chapter 3 of Title 46.2, is less than the total amount of uninsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle."

In a nut shell, an uninsured motor vehicle means the vehicle in which the defendant is driving does not have available coverage to compensate a person in an auto accident because of statutory reasons, denial of coverage by the defendant's insurance company, or no insurance coverage at all. Additionally, an underinsured vehicle means the defendant's vehicle coverage is less than the available coverage to the plaintiff from the vehicle he is operating.