DUI Attorney Mark Matney - Attorney Mark Matney - Holcomb Law, PC - Newport News - Williamsburg

I Welcome Your Comments

Leniency for Suspended License Cases
Revoked or Suspended License Defense Attorney
Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
__________________________________

The new Virginia law making it easier for people to reinstate their driving privileges is resulting in increased leniency for people charged with driving while their license is suspended. This morning as I waited my turn, the judge granted a continuance to every person who requested more time to reinstate his or her license. The benefit of this is that when someone obtains a valid license before the final hearing it is typical for judges to amend the charge to a less serious offense.

For example, a client in one recent case reinstated his license before the initial court date and the judge amended the charge from a Class 1 Misdemeanor, which would have resulted in a mandatory additional license suspension of 90 days, to a Class 2 Misdemeanor with no license suspension and only a $50 fine.

Notably, in a similar case in a different local city, the judge amended the Class 1 Misdemeanor of driving with a suspended license to the traffic infraction of Driving Without a License in Possession. This avoided a misdemeanor conviction and a license suspension.

Lawyer Mark Matney of Holcomb Law, PC - Newport News Virginia - DUI and Traffic Court Lawyer

Trial in Absence, also known as “Do I have to come to court?

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
__________________________________

Trial in Absence...  I often represent people who do not come to court with me.  Last month, for example, I accomplished the amendment of a charge of Reckless Driving by Speed, 88/60, to Speeding for a Pennsylvania resident.  Attorney Mark Matney - Holcomb Law, PC is a traffic court and DUI defense law firm.  Read our reviews on Avvo...

I Welcome Your Comments

Must be present for their court dates?

This works well for people who do not live locally and who are charged with less serious matters.  However, judges generally require a court appearance for the more serious misdemeanors, even if the person resides at a great distance.  Typically, when there is a realistic possibility of a jail sentence, then people must be present for their court dates.

Attorney Mark Matney - Holcomb Law, PC - DUI Attorney - Newport News VA

DUI Attorney Mark Matney - Attorney Mark Matney - Holcomb Law, PC - Newport News - Williamsburg

Reckless Driving to Speeding

Making a special trip for court can be part of the mitigating factors that we present to the judge.  A couple months ago a client charged with Reckless by Speed drove to court from Maryland.  Although his speed was so high that it could have resulted in jail and a suspended license, the judge took note of the client’s travel and amended the charge from Reckless Driving to Speeding.

Lawyer Mark Matney of Holcomb Law, PC - Newport News Virginia - DUI and Traffic Court Lawyer

I Welcome Your Comments

Today in Newport News

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
__________________________________

Today in Newport News...   Attorney Mark Matney helped four clients accomplish their goals in Newport News courts. The first client was charged with driving on a suspended license, 2nd offense. He needed more time to reinstate his license before his final hearing and the judge granted him a continuance.

Two of the clients were charged with reckless driving by speed with speeds over 80 mph. Both of these clients received amendments to traffic infractions and avoided misdemeanor convictions.

The fourth client received the greatest benefit when his three charges related to an accident were dismissed. It does not happen often, but this client’s dismissals were the result of a law enforcement officer who was not present due to taking another job.

These results were fun, but the day also included another highlight. A stranger paid for my lunch at the hotdog stand across from the courthouse when the vendor had trouble running my credit card.

DUI / DWI Defense Attorney

DUI & traffic court Attorney Mark Matney of Holcomb Law, PC in Newport News Virginia is one of the top traffic law firms in the Hampton Roads area of Virginia.  Attorney Mark Matney defends people in traffic court charged with, DUI, DWI, drunk driving, reckless driving, traffic law, speeding, accident, suspended license, failure to yield.  Our coverage area includes, Newport News, Hampton, Yorktown, Williamsburg, York County, James City County.

Attorney Mark Matney

Driving While Suspended - Revoked License

Attorney Mark Matney - Holcomb Law, PC defends people charged with driving while suspended - revoked license.  The lawyers at Holcomb Law in Newport News Virginia have been very successful in the defense of people in Williamsburg, Yorktown, Norfolk, Toano, Gloucester, and Richmond Virginia.  Mark Matney has a number of defense strategies he can employ for you.

 

Driving While Suspended - Revoked License

Attorney Mark Matney - Holcomb Law, PC provides service to the Hampton Roads area of Virginia defends people who are charged with driving while suspended - revoked license.  Please contact us by phone or email to have attorney Mark Matney review your case.  Click Here to contact Attorney Mark Matney.

Free No-Obligation Consultation!

Need Help in Resolving DUI Charges or Traffic Violations call Attorney Mark Matney at (757) 703-4556

Call (757) 703-4556

 

  Click Here to Email Mark

Attorney Mark Matney Services

* Reckless Driving and Speeding
* Passing a Stop School Bus
* Failure to Yield Right-of-Way
* Speeding
* Personal Injury Cases
* DUI/DWI Violation
* Expired License
* Running a Red Light

Two Possible Defenses

When a client is facing a charge of driving on a suspended license, I usually focus on two possible defenses.  The first is to try to prove from the DMV transcript that the client did not have notice of the suspension of his license.  This can result in a dismissal if the client did not inform the officer that he knew that his license was suspended.  The second important defense for a suspended license charge is to help the client postpone the final court hearing until the client obtains a valid license.  This involves working with the clerk’s office to schedule the court date as far out as permitted and sometimes requires a court appearance to ask the judge for even more time.

Case Results

#I - Won the dismissal of a charge of driving with suspended license, 3rd offense, when the officer did not submit my client’s DMV transcript to the judge.  In the absence of the DMV transcript, there was no evidence that my client’s license was suspended when the police stopped her.  Therefore, the judge granted my motion to dismiss the driving with a suspended license charge.

#2 - Driving while suspended or revoked, 3rd offense (46.2-301) amended to Driving without a license in possession (46.2-104).  This week I successfully defended against a 3rd offense suspended license charge by showing that my client did not have notice that his license was suspended on the specific day that he was stopped. I accomplished this by preparing a spreadsheet that listed my client’s suspensions and explained which suspensions occurred after the traffic stop and which suspensions had been resolved prior to the traffic stop. The amendment from 3rd offense driving while suspended (46.2-301) to Driving without a license in possession (46.2-104) resulted in avoiding a class 1 misdemeanor and the 10 days mandatory jail, 90 days license suspension, and 6 demerit points associated with that charge. Instead, my client received a traffic infraction, a $10 fine, and zero demerit points.