DUI Attorney Mark Matney - Matney Law PLLC - Newport News - Williamsburg

Thanksgiving Preparations

DUI Attorney Mark Matney - Matney Law PLLC - Newport News - Williamsburg

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Thanksgiving Preparations

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
__________________________________

Matney Law PLLC of Newport News, Virginia focus on traffic cases on the Peninsula from Hampton and Newport News to New Kent. During the week before Thanksgiving we were busy helping clients with the following matters:

Speeding 64/45 in York County – amended to defective equipment
Reckless Driving 79/55 in Charles City County – amended to speeding
Reckless Driving in Work Zone in New Kent – amended to speeding
Improper Passing in Williamsburg – dismissed
Speeding 38/25 in Williamsburg – dismissed
DUI with 5 other charges in New Kent – 3 misdemeanors and a traffic infraction dismissed + drug charge reduced + minimum sentence for the DUI
Restricted License petition in Newport News – granted
Fail to Obey Traffic Signal with Accident in Newport News – dismissed
2nd DUI in Hampton – Minimum sentence for DUI, first offender program with ultimate dismissal for drug charge, 3 misdemeanors dismissed: Refusal 2nd, Driving with suspended license, Failure to appear.
There were also two accident cases in Newport News that were appealed to the Circuit Court for new trials.

DUI Attorney Mark Matney - Matney Law PLLC - Newport News - Williamsburg

2018 Case Results

DUI & Traffic Court Attorney Mark Matney of Matney Law PLLC2018 Case Results

This is a listing of the 2018 Case Results handled by Matney Law, PLLC.

Disclaimer for Case Results

I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2018 and provided them on the website for your review. I chose not to post only the most successful cases or a sampling of cases. Instead, I have provided outcomes for all of my traffic related matters. In some instances I have reported only the final Circuit Court result when a case was presented in the General District Court and then appealed to the Circuit Court.

To protect confidentiality, I have removed the identities of clients, judges, and law enforcement personnel.

This information accurately reflects the outcomes of those cases but the results in each situation depend on many factors and cannot be relied on to guarantee the result in your particular matter. Each case is unique because it involves its own combination of evidence, client history, law enforcement, prosecutor, and judge.

Comment for Case Results

In every case where a Reckless Driving charge is amended to Speeding or Improper Driving the outcome involves a criminal misdemeanor becoming a traffic infraction and a reduction in the length of time the charge will appear in the Virginia driving transcript

January

•  Reckless Driving by Speed, 78/55. Result: Amended to Improper Driving w/ $125 fine.
•  Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 69/60 w/ $250 fine.
•  Reckless Driving by Speed. 75/55. Result: Amended to Defective Speedometer w/ $50.00 fine.
•  (1) Reckless Driving by Speed, 86/70 Result: To be amended to Improper Driving on review date if completes driver improvement course and pays $175 fine. (2) Operating with Tint/Signs/Decals Windows. Result: Dismissed by Nolle Pros.
•  (1) Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 85/60 w/ $250 fine. (2) Unsafe Lane Change. Result: $30.00 fine.
•  (1) DWI with Minors in the Vehicle. Result: $500 fine (mandatory minimum), ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail w/ 175 days suspended (5 days jail to serve). This result avoided the one year license suspension of a refusal charge and ten additional days of jail from two additional minors being present in the car. •  (2) Refusal. Result: Dismissed by Nolle Pros. (3) Reckless Driving. Result: Dismissed.
•  DWI 1st. Result: ASAP, $500 fine with $250 suspended, 365 days jail – all suspended, 12 months suspended license w/ restricted license, 6 months ignition interlock. This result accomplished the minimum sentence permitted by the Virginia Code.
•  (1) DWI 1st. Result: ASAP, $500 fine w/ $250 suspended, 6 months jail – all suspended, 12 months suspended license w/ restricted license, 6 months ignition interlock, one year good behavior. (2) Reckless Driving. Result: Dismissed. This result accomplished the minimum sentence permitted by the Virginia Code.
•  (1) Suspended License 2nd offense. Result: Dismissed! (2) Failure to Obey Stop Sign. Result: Dismissed!
Reckless Driving by Speed, 93/60. Result: Reduced to Speeding 79/60 w/ $250.00 fine.
•  (1) Driving with Suspended License, 4th offense. Result: Reduced to Driving without a license w/ $50.00 fine. This result reduced the suspended license charge from a class 1 misdemeanor to a class 2 misdemeanor, avoided a minimum of 10 days of jail, and avoided 90 days license suspension. (2) Failure to Display Front License Plate. Result: $20 fine.
Reckless Driving w/ Accident. Result: Reduced to Improper Driving w/ $50 fine.
•  (1) DWI 2nd in 5 years. Result: $500.00 fine, ASAP, $50.00 Trauma Fund, 3 years suspended license, 3 years good behavior, 365 days jail w/ 345 suspended – 20 days mandatory to serve on weekends. (2) Reckless Driving. Result: Dismissed! (3) Driving Without a License. Result: Dismissed by nolle pros.
•  Speeding 74/55. Result: Reduced to Defective Equipment w/ $25.00 fine.

February

•  DWI 2nd in 5 years & Show Cause for Failure to Appear. Result: ASAP, $1,000 fine, 3 years suspended license (eligible for restricted license after 1 year), 3 years good behavior, 180 days jail w/ 150 days suspended – 30 days mandatory jail to serve on weekends. This accomplished the mandatory minimum sentence for the DWI charge and avoided risk of jury trial demanded by the judge.
•  Reckless Driving by Speed, 87/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
•  Reckless Driving / Exceeding safe speed for road conditions. Result: Reduced to Improper Driving w/ $30 fine.
•  DWI 2nd in 5 years. Result: $1,000 fine w/ $500 suspended, 365 days jail w/ 325 suspended, 36 months suspended license w/ eligibility for restricted license after 12 months, ASAP. This result accomplished the mandatory minimum permitted by the Virginia Code for a second offense except for 5 additional days of jail.
•  (1) DWI 2nd in 5-10 years. Result: ASAP, $500 fine, 365 days jail w/ 353 days suspended – 10 mandatory and 2 discretionary days to serve on weekends, 3 years good behavior, 3 years suspended/restricted license, 6 months ignition interlock when apply for restricted license. (2) Reckless Driving. Result: Dismissed, (3) Refusal 2nd, (4) Open Container, (5) Impede Traffic. Results: Dismissed by Nolle pros. This result avoided convictions, fines, costs, and license suspension associated with four of the charges and ensured the minimum sentence for the DWI except for one extra overnight of jail.
•  (1) DWI 1st. Result: ASAP, $250 fine, 180 days jail – all suspended, one year good behavior, 12 months suspended/restricted license, 6 months ignition interlock. (2) Reckless Driving w/ Accident. Result: Dismissed! (3) Fail to Yield. Result: Dismissed!
•  Speeding, 80/60. Result: Dismissed without court costs. Officer did not have calibration records.
•  (1) DWI 2nd within 5 years (elevated BAC). Result: Reduced DWI 2nd within 5 years to DWI 2nd within 5-10 years. $1000 fine w/ $500 suspended, ASAP, 3 years suspended license, eligible for restricted license after 4 months, 6 months ignition interlock when obtains restricted license, 3 years good behavior, 6 months jail w/ 5 months suspended – this leaves 30 days to serve on weekends. The amendment reduced the waiting period for a restricted license from 12 months to 4 months. (2) Reckless Driving. Result: Dismissed!
•  Reckless Driving – Fail to Maintain Control w/ Accident. Result: Reduced to Improper Driving w/ $200 fine.
•  Improper Backing w/ Accident. Result: Judge noted that he was in a difficult position but found that he was at fault. Guilty of Improper Backing, but judge waived fine and only required court costs of $66.00.
•  DWI (elevated BAC). Result: Reduced from 0.22 BAC (10 days mandatory jail) to 0.20 BAC (5 days mandatory jail). ASAP, $500 fine w/ $250 suspended, 12 months suspended license w/ restricted license granted, 6 months ignition interlock, 2 years good behavior, 90 days jail w/ 82 days suspended (only 6 days to serve with credits). (2) Open Container. Result: Dismissed by Nolle pros.
•  Reckless Driving, Fail to maintain proper control w/ Accident. Result: Reduced to Improper Driving w/ $75 fine.
•  Speeding, 52/35. Result: Reduced to defective equipment w/ $25 fine.
•  Reckless Driving by Speed, 90/60. Result: Dismissed!
•  Driving without Headlights w/ Accident. Result: Judge ruled evidence sufficient for guilty, but amended to defective equipment w/ $50.00 fine.
•  DWI 1st. Result: ASAP, Eligible to apply for restricted License, 6 months interlock if applies for Restricted License, 365 days jail – all suspended, 12 months good behavior, $500.00 fine w/ $250 suspended.
•  Reckless Driving by Speed, 86/70. Result: Reduced to Speeding.
•  Speeding, 77/55. Result: Reduced to Improper Driving w/ $160 fine.
•  2 ASAP show cause violations. Result: Guilty of the ASAP violations, but judge did not impose any penalty. No jail, fine, or community service. The judge reinstated client into the ASAP program and placed client on good behavior for 3 years.
•  DWI 1st with elevated BAC (0.15). Result: Reduced to standard BAC (0.08 – 0.14). ASAP, $250 fine, 12 months suspended license w/ restricted license, 6 months ignition interlock, 60 days jail w/ 55 days suspended, 2 years good behavior. This result reduced the active jail sentence by changing the 5 days of jail from mandatory time to discretionary time.

March

•  Reckless Driving by Speed, 88/70. Result: Reduced to Improper Driving with $400 fine.
•  Shoplifting (grand larceny) – Felony. Result: Dismissed by Nolle Pros!
(1) DWI 2nd within 5 years with elevated BAC. Result: Reduced the DWI 2nd to DWI 1st. ASAP, $500 fine w/ $250 suspended, 12 months suspended license, eligible for restricted license immediately but did not apply due to relocating, 90 days jail w/ 60 days suspended (18 days to serve after good time credit). The amendment of the DWI reduced the license suspension from 3 years to 1 year, reduced the jail from 30 days minimum to 18 days, and avoided a 1 year delay before eligible for a restricted license. (2) Reckless Driving (failure to maintain control). Result: Dismissed by Nolle Pros. This result avoided a conviction, fine and costs.
•  DWI 1st w/ elevated BAC. Result: ASAP, $500 fine w/ $250 suspended, 180 days w/ 175 days suspended (5 days mandatory to serve on weekends), 12 months suspended license w/ restricted license. This result ensured the mandatory minimum sentence permitted under the Virginia Code.
•  (1) Failure to Obey Highway Sign. Result: Dismissed w/ payment of court costs! (2) Speeding 74/55. Result: Reduced to Speeding 64/55 w/ $54 fine.
•  Reckless Driving (failure to yield right of way). Result: Dismissed!
•  Reckless Driving by Speed, 94/70. Result: $500 fine w/ no jail or license suspension.
•  Reckless Driving by Speed, 69/45. Result: Reduced to Speeding, 64/45 w/ $114 fine.
•  Driving without a License. Result: Dismissed!
•  Public Intoxication. Result: Dismissed with payment of court costs.
•  Reckless Driving by Speed, 95/70. Result: $500 fine, 30 days jail – all suspended. This result avoided an active jail sentence and license suspension.
•  (1) DWI 1st, elevated 0.26 BAC. Result: Reduced to Standard BAC, 1st Offense. ASAP, 30 days jail – all suspended, $500 fine w/ $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior. (2) Reckless Driving General. Result: Dismissed! The amendment of the BAC avoided 10 days mandatory minimum jail.
•  DWI 1st. Result: Reduced to Reckless Driving General. $500 fine w/ $250 suspended, 30 days jail – all suspended, ASAP, 2 years good behavior, 6 months suspended/restricted license.
•  Reckless Driving by Speed, 92/70. Result: Withheld finding (juvenile court). Charge to be amended or dismissed on review date if client complies with conditions: (1) pay court costs; (2) 25 hours community service; (3) Provide proof of completing high school; (4) No new violations.
•  Driving with suspended license (4th offense). Result: Dismissed! This result avoided the misdemeanor, 10 days mandatory minimum jail, and 90 days license suspension.
•  Reckless Driving/General. Result: Reduced to Driving Wrong Way w/ $100.00 fine.
•  Failure to signal. Result: Dismissed!
•  (1) Driving with suspended license. Result: Amended from 3rd offense to 2nd, 5 days jail to serve on weekends, 90 days license suspension; (2) Red Light Violation. Result: $50 fine. (3) No proof of insurance. Result: Dismissed with court costs. (4) Driving without license in possession. Result: Dismissed with court costs.
•  DWI 1st (0.11 BAC). Result: Not Guilty! This result was achieved at trial based on a legal argument that excluded the breath certificate and discrepancies between the video and the officer’s testimony and notes.
•  Public Intoxication. Result: Dismissed with payment of court costs!
•  Speeding, 49/25. Result: Reduced to Speeding, 39/25 w/ $84.00 fine.
•  Reckless Driving by Speed 82/70. Result: $100.00 fine. Avoided jail and license Suspension. This is not a typical result for this speed so I encouraged an appeal.
•  Driving with suspended license (class 1 misdemeanor). Result: Reduced to Driving without a license (class 2 misdemeanor) w/ $100 fine. This result avoided 90 days of license suspension.
•  (1) DWI 1st (no BAC). Result: ASAP, 30 days jail – all suspended, $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior. (2) Refusal. Result: Dismissed by Nolle Pros. (3) Impede Traffic. Result: Dismissed by Nolle Pros.
•  (1) Reckless Driving by Speed, 83/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. (2) Suspended License, 5th offense. Result: Reduced to Driving Without a License w/ $100 fine. This result avoided the misdemeanor for reckless driving and reduced the driving with suspended license charge from a class 1 misdemeanor to a class 2 misdemeanor. This result avoided 90 days license suspension and 10 days mandatory minimum jail.
•  (1) Driving While Suspended, 5th offense (class 1 misdemeanor). Result: Reduced to no license in possession (traffic infraction) w/ $10.00 fine. (2) Counterfeit Inspection Sticker. Result: $100 fine. (3) Display License Plate on another vehicle. Result: $50 fine. This result avoided the misdemeanor (30 days jail, 90 days license suspension).
•  DWI, 1st. Result: ASAP, $500 fine w/ $250 suspended, 90 days jail – all suspended, 12 months suspended license w/ restricted license, Ignition interlock – may petition for removal after 6 months. This result ensured the minimum sentence permitted by the Virginia Code.
•  (1) Felony Extortion. Result: Dismissed by Nolle Pros. (2) Cause Telephone to Ring With Intent to Annoy. Result: Dismissed by Nolle Pros. (3) Harassment by Computer; (4) Unlawful Dissemination of Image (Count One); (5) Unlawful Dissemination of Image (Count Two). Result: 10 hours Community Service, 4 months jail – all suspended, No contact with victim, 3 years good behavior, Complete assessment and follow any recommended treatment or counseling. This result avoided the felony and one of the misdemeanors with no fines and no active jail.

April

•  Fail to Obey Highway Lane Markings w/ Accident. Result: Dismissed!
•  Speeding, 69/60. Result: Reduced to Defective Equipment w/ $90 fine.
•  Reckless Driving by Speed, 83/60. Result: Reduced to speeding, 69/60 w/ $54.00 fine.
•  Reckless Driving, too fast for conditions, w/ Accident. Result: Dismissed w/ no court costs!
•  Reckless Driving by Speed, 79/45. Result: $500.00 fine w/ $101 court costs.
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding. 79/60 w/ $114 fine.
•  Reckless Driving General. Result: Reduced to Improper Driving w/ $75.00 fine.
•  Speeding, 45/25. Result: Dismissed!
•  Reckless Driving by Speed 56/35. Result: Reduced to Speeding 15-19 mph over limit w/ $250 fine.
•  (1) Refusal 1st; (2) Speeding, 52/35. Result: Dismissed! (3) DWI 1st Result: $500 fine w/ $250 suspended, ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 24 hours community service, and letter of apology to the officer.
•  Reckless Driving by Speed, 65/35. Result: Reduced to speeding, 54/35 w/ $114 fine.
•  Reckless Driving by Speed, 84/60. Result: Reduced to Improper Driving w/ $138 fine.
•  Reckless Driving by Speed, 88/60. Result: Reduced to Improper Driving w/ $168 fine.
•  Reckless Driving by Speed, 83/55. Result: Reduced to speeding, 74/55 w/ $140 fine.
•  Reckless Driving by Speed, 83/65. Result: Reduced to speeding, 74/65 w/ $54 fine.
•  Speeding 79/60. Result: Dismissed with payment of court costs!
•  (1) Driving without License (1st offense); (2) Following too closely; (3) No Liability Insurance. Result: All 3 charges dismissed!
•  Reckless Driving by Speed, 83/70. Result: Reduced to No Demerit Point violation w/ $130 fine.
•  (1) Refusal. Result: Nolle pros. (2) DWI 1st. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 90 days jail – all suspended, $500 fine w/ $250 suspended, 12 months good behavior.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Improper Driving w/ $126 fine.
•  (1) Driving with suspended license (3rd offense). Result: Dismissed! (2) Operating vehicle without brake lights. Result: $25.00 fine.
•  Show Cause for Non-compliance w/ ASAP. Result: 30 days jail w/ 20 suspended, $130 court costs.

May

•  (1) Stop sign violation. Result: $50 fine. (2) Driving with suspended license, 5th offense. Result: $500 fine, 90 days license suspension, 365 days jail w/ 325 suspended (25 days to serve on weekends).
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 77/60 w/ $102 fine.  This result avoided the misdemeanor.
•  Violation of Learner’s Permit. Result: Dismissed!
•  Reckless Driving, Fail to Maintain Control. Result: Reduced to Improper Driving w/ $50.00 fine.
•  Reckless Driving by Speed, 76/55. Result: Reduced to Speeding, 64/55 w/ $54.00 fine. This result avoided the misdemeanor.
•  Review for ASAP compliance. Result: ASAP Show Cause Dismissed!
•  (1) Open Container; (2) Failure to maintain lane. Result: Nolle Pros. (3) DWI 1st. Result: VASAP, 12 months jail w/ 12 months suspended, eligible for restricted license, 6 months ignition interlock if obtain restricted license within 12 months of the court date, 2 years good behavior. This result avoided the misdemeanor, fines, and a traffic infraction. It also avoided 5 days minimum jail for an elevated BAC and ensured the minimum DUI sentence permitted by the Virginia code.
•  (1) Reckless Driving by Speed, 46/25. Result: Reduced to Speeding w/ $126 fine. (2) Improper Windows Tint. Result: $25 fine. This result avoided the misdemeanor and possibility of license suspension.
•  Assault and Battery. Result: $250.00 fine – all suspended, 90 days jail w/ 88 suspended – 2 days jail mandatory.
•  Driving with suspended License, 7th offense. Result: Reduced to no License in Possession. This result reduced the charge from a criminal misdemeanor to a traffic infraction. The client avoided 10 days mandatory jail, 90 days license suspension, and 6 DMV demerit points.
•  Reckless Driving by Speed, 90/65. Result: Judge granted continuance for client to complete more steps before deciding case.
•  Drunk in Public. Result: Dismissed based on preparedness and testimony of officer. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 88/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This result avoided the misdemeanor.
•  Motion to amend sentence. Result: Motion was granted, probation and good behavior period were ended.
•  Driving with suspended License. Result: Client granted continuance to obtain license.
•  Reckless Driving w/ Accident. Argued that since officer did not see the accident and did not subpoena witnesses, the case should be dismissed. Result: Dismissed!
•  Driving with revoked License due to prior DUI suspension. Result: 180 days jail with 160 days suspended, $100 fine, 12 months good behavior.
•  Reckless Driving by Speed, 87/60. Result: Reduced to Speeding, 79/70 w/ $215.00 fine.

June

•  (1) Reckless Driving. Result: Dismissed! (2) DWI, 0.22 BAC. Result: $250 fine, ASAP, 12 months suspension. No ignition interlock requirement, 180 days jail w/ 170 days suspended – 10 days jail mandatory.
•  (1) Reckless Driving General. Result: Dismissed! (2) DWI 1st, 0.09 BAC. Result: $250 fine, ASAP, all jail time suspended, 12 months suspended license or restricted w/ ignition interlock.
•  Reckless driving by Speed, 86/70. Result: Reduced to Improper Driving w/ $200 fine.
•  Reckless Driving, Failure to maintain control. Result: Dismissed!
•  Reckless Driving by Speed, 92/60. Result: 90 days suspended license, 30 days jail – all suspended, $500 fine, fine suspended if client completes 92 hours of community service.
•  Following too closely. Result: Dismissed w/ no fine!
•  (1) Failed to Maintain Control. Result: Reduced to Improper Driving w/ $75.00 fine. (2) Reckless Driving by Speed, 45/25. Result: Dismissed with no fine! This result avoided the misdemeanor for both charges.
•  (1) Refusal; (2) Speeding 52/35; (3) DWI 1st. Result: Provided judge with client’s apology letter, CCD’s letter indicating successful completion of community service, and recommending successful discharge from CCD. Client was immediately removed from CCD supervision.
•  Reckless Driving by Speed, 81/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
•  Possession of controlled substance. Result: Dismissed!
•  Speeding, 60/45. Result: Dismissed! Officer’s Radar was certified more than 6 months before stop.
•  (1) Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $250 fine. This result avoided the misdemeanor. (2) Failure to Obey Lane Markings. Result: $100 fine.
•  Speeding, 74/60. Result: Will be dismissed on Review Date without a court appearance if client complies with conditions: Pay $66.00 court costs, No new violations, must provide updated DMV transcript dated within 10 days before the review date.
•  Driving w/ suspended license, 3rd offense. Result: Reduced to driving w/ suspended license, 2nd offense. 30 days jail – all suspended, 90 days suspended license – all suspended, one year good behavior, no fine, $296 court costs.
•  Reckless Driving by Speed, 71/45. Result: Dismissed!
•  Possession of Marijuana, 2nd. Result: Reduced to Possession of Marijuana 1st, $250.00 fine, 30 days jail – all suspended, 6 months Suspended/Restricted License, 12 months good behavior.
•  DWI 1st, (0.19 elevated BAC). Result: ASAP, $250 fine, 90 days jail w/ 85 days suspended – 5 days mandatory due to elevated BAC, 12 months suspended license w/ restricted license, 12 months ignition interlock. May petition for removal if no violations after 6 months.
•  Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $75.00 fine. This result avoided the misdemeanor.
•  Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $30.00 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 85/65. Result: Reduced to Speeding, 84/65. This result avoided the misdemeanor.
•  Fail to Yield Right of Way. Result: Dismissed!
•  Reckless Driving General w/ Accident. Result: Dismissed w/ payment of court costs.
•  Reckless Driving by Speed, 70/45. Result: Reduced to Speeding, 70/45 w/ $250 fine.

July

•  ASAP show cause for non-compliance. Result: 90 days jail w/ 86 days suspended. Referred back to ASAP supervision.
•  Speeding, 79/60. Result: Reduced to speeding, 74/60. This result avoided a 30 day license suspension.
•  Speeding, 75/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine.
•  DWI, 1st, 0.04 BAC. Result: Reduced to Reckless Driving General. $250 fine, 3 months suspended license, 365 days jail – all suspended, 2 years good behavior.
•  Reckless Driving by Speed, 86/60. Result: Speeding, 80/60 w/ $120 fine.
•  Reckless Driving, Failure to maintain control w/ Accident. Result: Reduced to Improper Driving w/ $100 fine.
•  Reckless Driving by Obstructed View. Result: Reduced to Improper Driving w/ $75.00 fine.
•  DWI 1st, 0.11 BAC. Result: $500 fine w/ $250 suspended, VASAP, 12 months suspended license, ignition interlock, 30 days jail – all suspended.
•  Failure to Obey Highway Sign. Result: $54 fine.
•  (1) DWI 2nd in 5 years, 0.16 BAC. Result: VASAP, 12 months jail w/ 10 suspended (30 days mandatory and 1/2 of 30 days = 45 days to serve), $2,500 fine w/ $1,500 suspended, 3 years suspended license, 2 years good behavior. (2) Following Too Closely. Result: Not Guilty.
•  (1) Improper U-Turn; (2) Improper use of unauthorized lights. Result: Both Charges Dismissed! Must pay court costs for the U-Turn charge.
•  (1) Failure to Appear; (2) No Insurance. Result: Both Dismissed! (3) Reckless Driving. Result: $150 fine with no license suspension.
•  Assault on Family Member. Result: Dismissed by Nolle Pros!
•  (1) Fail to obey stop sign w/ Accident; (2) Expired Inspections. Result: Both Dismissed!
•  (1) Improper Backing. Result: Dismissed by Nolle Pros! (2) DWI 1st, 0.15 BAC. Result: $500 fine w/ $250 suspended, 90 days jail – all suspended, ASAP, 12 months suspended License, 6 months ignition interlock.
•  Reckless Driving General. Result: $500 fine w/ $400 suspended, 6 months good behavior. This result avoided license suspension and possible jail sentence.
•  (1) 3rd Brake Light out. Result: Dismissed! (2) Driving w/ Suspended License, 2nd Offense. Result: Reduced to Driving without a License w/ $50 fine.
•  Reckless Driving by Speed, 57/35. Result: Reduced to Speeding, 57/35 w/ $220 fine.  This result avoided the misdemeanor and the possibility of license suspension.

August

•  Reckless Driving by Speed, 101/45. Result: $500.00 fine, 90 days jail w/ 88 days suspended (one overnight to serve), 2 years good behavior, 6 months suspended license w/ Restricted license after 30 days.
•  Petition for extension of Restricted License and removal of Ignition Interlock machine. Result: Restricted License extended and ignition Interlock no longer required.
•  Reckless Driving by Speed, 80/55. Result: Reduced to Speeding, 15-19 mph, $90.00 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 95/55. Result: Reduced to Reckless Driving, 75/55 w/ $300.00 fine.  No jail or license suspension.
•  Tunnel Height Violation (Class 1 Misdemeanor). Result: Reduced to Defective Equipment w/ $250 fine to pay within 30 days.  This result avoided the criminal misdemeanor and the $1,000 mandatory fine.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 80/60 w/ $120 fine.  This result avoided the criminal misdemeanor.
•  Reckless Driving by Speed, 83/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 86/70. Result: Reduced to Speeding, 86/70 w/ $250 fine.  This result avoided the misdemeanor.
•  Speeding, 62/45. Result: Reduced to Defective Equipment w/ $100 fine.
•  Speeding, 80/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
•  Reckless Driving by Speed, 87/60. Result: Reduced to Improper Driving w/ $250.00 fine.  This result avoided the misdemeanor.
•  (1) Reckless Driving by Speed, 92/45. Result: $1,000 fine w/ $500 suspended, 30 days jail w/ 27 days suspended, 6 months suspended/restricted license. (2) No State Inspection. Result: Dismissed! (3) No License in Possession. Result: Dismissed!
•  Following Too Closely w/ Accident. Result: Dismissed!
•  Reckless Driving by Speed, 68/45. Result: Reduced to Speeding, 68/45 w/ $138 fine.  This result avoided the misdemeanor.
•  Speeding, 61/45. Result: Reduced to Defective Equipment.
•  Driving While Suspended or Revoked. Result: 60 days jail w/ 50 suspended, $300 fine, 90 days Suspended License.
•  Reckless Driving Speed 59/35. Result: Reduced to Speeding, 49/35 w/ $84.00 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 92/70. Result: Dismissed!
•  Reckless Driving by Speed, 83/60. Result: Reduced to Improper Driving w/ $138 fine.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Improper Driving w/ $156 fine.
•  Reckless Driving by Speed, 100/60. Result: $250 fine, 30 days jail – all suspended, 60 days suspended license, eligible for restricted license, one year good behavior.
•  Speeding, 50/35. Result: Reduced to Speeding, 44/35 w/ $54.00 fine.  This avoided the misdemeanor.
Reckless Driving, Fail to maintain Control w/ Accident. Result: Dismissed!  This result avoided the misdemeanor.
•  (1) Reckless Driving w/ Accident. Result: Reduced to Improper Driving, $100.00 fine. (2) Dangling Object in View of Driver. Result: Dismissed!
•  Reckless Driving by Speed, 89/65. Result: Reduced to Defective Equipment w/ $25.00 fine.
•  Reckless Driving by Speed, 85/60. Result: Reduced to Speeding, 71/60 w/ $66.00 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 80/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. This result avoided the misdemeanor.
•  Speeding, 49/30. Result: Dismissed!
•  Reckless Driving by Speed, 57/35 (Work Zone). Result: Reduced to Speeding, 44/35 w/ $63.00 fine.  This avoided the misdemeanor.
•  (1) DWI. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, $250 fine, all jail suspended. (2) Reckless Driving by Speed. Result: Dismissed by Nolle Pros.
•  DUI, 1st. Result: One year probation, ASAP, $500 fine, $25.00 assessment, 12 months Suspended License.
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine.  This result avoided the misdemeanor.

September

•  Reckless Driving by Speed, 85/60. Result: Reduced to Speeding, 85/60 w/ $250 fine.
•  (1) DWI, 1st, 0.29 BAC. Result: $500 fine w/ $250 suspended, 30 days jail w/ 20 days suspended, 10 days mandatory to serve on weekends. ASAP, 12 months suspended/restricted license, 6 months ignition interlock w/ camera, 2 years good behavior. (2) Reckless Driving by Speed, 89/60. Result: Dismissed!
•  (1) DWI, 1st, 0.15 BAC. Result: ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock, $500 fine, 90 days jail w/ 85 suspended, 50 hours Community Service (2) Underage Possession of Alcohol; (3) Speeding, 42/25. Result: Dismissed by Nolle Pros.
•  Possession of Schedule I or II Controlled Substance. Result: One year good behavior, One Year supervision by Probation and Parole, 100 hours community service, Waive 4th Amendment right against unreasonable searches and seizure for one year, 6 months suspended license, $550 court costs.
•  Speeding, 69/45. Result: Class B Misdemeanor (Federal), $300 fine, $30.00 processing fee, and $10.00 special assessment.
•  Reckless Driving by Speed, 83/55. Result: Reduced to Improper Driving w/ $280 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 51/25. Result: Reduced to Speeding 26 over w/ $156 fine.  This result avoided the misdemeanor.
•  Driving Without a License, 2nd Offense. Result: $200 fine.
•  Violation of Right Turn on Red. Result: Dismissed!
•  Public Intoxication. Result: Dismissed!
•  (1) Reckless Driving by Speed, 80/55. Result: Reduced to Improper Driving w/ $150 fine w/ $50 suspended. This result avoided the misdemeanor. (2) Unsafe Lane Change. Result: Dismissed!
•  Following too closely w/Accident. Result: Not Guilty!
•  (1) DWI 1st, 0.06 BAC. Result: Reduced to Reckless Driving General, $500 fine w/ $250.00 suspended, 30 days jail – all suspended, 2 years good behavior. (2) Reckless Driving by Speed, 78/55. Result: Reduced to Speeding, 75/55 w/ $120 fine.
•  Driving w/ Revoked License due to DUI. Result: $100 fine, 90 days jail – all suspended, 50 hours Community Service with CCD.  This result avoided 30 days of active jail ordered by the judge.
•  Reckless Driving by Speed, 99/60. Result: $1,000 fine w/ $500 suspended, 10 days jail – all suspended, 60 hours Community Service with CCD, no License Suspension.  This result avoided active jail time and 95 days of suspended/restricted license that were ordered by the judge.
•  DUI 1st, elevated BAC. Result: ASAP, $250 fine, 90 days jail w/ 85 suspended – 5 days mandatory due to elevated BAC, 12 months suspended license, 2 years good behavior.
•  (1) DUI 1st, 0.17 BAC; (2) Failure to Appear. Result: 12 months suspended/restricted license, ASAP, $1,500 fine w/ $1,150 suspended, 180 days jail w/ 175 days suspended – 5 days to serve on weekends, 2 years good behavior, 6 months ignition interlock. (3) Speeding, 62/35. Result: Dismissed by Nolle Pros.

October

•  (1) Driving Without License (Class 2 misdemeanor). Result: Reduced to Driving Without License in Possession (Infraction) w/ $10.00 fine.  (2) Reckless Driving by Speed, 88/60. Result: Reduced to Speeding, 71/60 w/ $66.00 fine. This result avoided misdemeanor convictions.
•  Speeding, 74/60. Result: Reduced to Speeding, 9 over w/ $54.00.  Lowest band for DMV and insurance.
•  Speeding, 47/35. Result: Dismissed upon presentation of apology letter to Officer.  The infraction will not appear on the DMV Transcript.
•  Fail to Obey Traffic Signal. Result: Dismissed!  The infraction will not appear on the DMV Transcript.
•  (1) DWI 1st w/ elevated BAC. Result: ASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail w/ 175 days suspended – 5 days mandatory due to elevated BAC. (2) Reckless Driving. Result: Dismissed by nolle pros!
•  Reckless by Speed, 82/60. Result: Reduced to Speeding, 75/60 w/ $90.00 fine.  This result avoided the misdemeanor.
•  (1) DWI 1st, 0.20 BAC. Result: 180 days jail w/ 185 suspended – 5 days mandatory to serve on weekends, ASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, one year good behavior. (2) Open Container; (3) Fail to Yield. Result: Dismissed by Nolle Pros!
•  Speeding, 79/60. Result: Client provided driver improvement certificate. Reduced to Speeding, 69/60 w/ $54.00 fine.  Lowest band for DMV and insurance.
•  Reckless Driving by Speed, 81/55. Result: Reduced to Speeding 10 over w/ $60.00 fine.
•  Reckless Driving, 84/60. Result: Dismissed.
•  Petition for Restricted License. Result: Judge granted Restricted License.
•  Reckless Driving General w/ Accident. Result: Dismissed!
•  Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 79/60 w/ $150 fine.  This result avoided the misdemeanor.
•  (1) Felony Hit & Run (Leaving scene of accident). Result: Reduced to a misdemeanor. 12 months jail w/ 10 months suspended, $250 fine – all suspended, 2 years good behavior. (2) DUI 1st w/ elevated BAC (0.15). Result: $250 fine, $50 trauma fund, ASAP, 12 months suspended license, 365 days jail w/ 360 suspended – 5 days mandatory to run concurrently with hit and run sentence, 2 years good behavior. Permitted to serve jail sentence on weekends. (3) Elude Police. Result: $100 fine, 30 days suspended license. (4) Underage possession of alcohol. Result: $500 fine.
•  Reckless Driving by Speed, 82/60. Result: Reduced to 75/60 w/ $90.00 fine. This result avoided the misdemeanor.
•  DWI 1st, 0.14 BAC. Result: $500.00 fine w/ $250 suspended, 60 days jail – all suspended, VASAP – one year, 12 months suspended/restricted license, 6 months ignition interlock.
•  (1) Speeding, 79/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. (2) HOV Violation. Result: Dismissed. (3) Fail to Give Signal. Result: Dismissed!
•  DWI, 1st, 0.18 BAC. Result: ASAP, $500 fine w/ $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior, 90 days jail w/ 85 suspended – 5 days mandatory.
•  Reckless Driving by Speed, 82/55. Result: Reduced to Speeding, 74/55 w/ $250 fine.  This result avoided the misdemeanor.
•  Reckless Driving – Fail to Maintain Control w/ Accident. Result: Reduced to Improper Driving w/ $125 fine.
•  Speeding, 63/45 (18 mph over). Result: Reduced to Speeding, 54/45 (9 mph over) w/ $108 fine.  Lowest band for DMV and Insurance.
•  Speeding, 75/55. Result: $120 fine, $91.00 court costs. (2) Driving Under Suspended License/3rd Offense. Result: $100 fine, $91 court costs.
•  Reckless Driving by Speed, 90/65. Result: Reduced to Improper Driving w/ $150 fine. This result avoided the misdemeanor.
•  (1) Expired Registration. Result: $61.00 court costs. (2) No Valid Operator’s License. Result: Dismissed! (3) Fail to Obey Highway Sign. Result: $100 fine, $10.00 court costs.
•  Reckless Driving by Speed, 69/45. Result: Reduced to Speeding, 54/45 w/ $54.00 fine.
•  Speeding, 60/45. Result: Reduced to Defective Equipment w/ $100 fine.

November

•  (1) DUI 1st, 0.15 BAC. Result: $250.00 fine, 90 days jail w/ 85 suspended- 5 days to serve, 12 months Suspended License, ASAP. (2) Speeding, 42/25. Result: Dismissed by Nolle Pros!
•  (1) Fail to Display License Plate. Result: Dismissed with no court costs! (2) Suspended License 3rd. Result: 10 days jail, $300 fine, 90 days Suspended License.
•  Speeding, 60/45. Result: Dismissed w/ payment of court costs.
•  (1) DUI 1st, 0.14 BAC; (2) Failure to Maintain Control. Result: (1) ASAP, $250 fine, 180 days jail – all suspended, 12 months Suspended/Restricted License, 6 months ignition interlock, 12 months good behavior.
•  Reckless Driving by Speed, 96/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.  This result avoided the misdemeanor.
•  DUI 1st, 0.22 BAC. Result: Reduced to DUI 1st, 0.20 BAC. ASAP, $250 fine, 180 days jail w/ 175 suspended – 5 days mandatory jail, 12 months Suspended license. No ignition interlock requirement due to no restricted license.
•  (1) Marijuana Possession (not 1st offended eligible) Result: $250 fine, 30 days jail – all suspended, 6 months Suspended/Restricted license, 12 months good behavior. (2) Improper Brake Lights. Result: Dismissed!
•  (1) Speeding, 60/45. Result: Dismissed! (2) Driving Without License Result: Reduced To Driving Without A License – Infraction, Class 2 Misdemeanor. This result avoided the misdemeanor.
•  (1) Reckless Driving by Speed, 92/70. Result: Reduced to Reckless Driving by Speed, 90/70 w/ $300 fine.  No jail or License Suspension. (2) Expired Registration. Result: Dismissed!
•  Reckless Driving by Speed, 70/45. Result: Reduced charge to 9 MPG over.  This result avoided the misdemeanor.
•  Speeding, 46/25. Result: Reduced to Speeding, 34/25 w/ $54.00 fine.  This result placed the charge in the lowest band for DMV and insurance.
•  Reckless Driving by Speed, 65/35. Result: $180 fine. This result avoided jail and License Suspension.
•  (1) DUI 1st, 0.11 BAC. Result: ASAP, 60 days jail – all suspended, 2 years good behavior (no new misdemeanors), 12 months Suspended license w/ Restricted license, 6 months ignition interlock. (2) Reckless Driving w/ accident/fail to maintain control. Result: Dismissed by Nolle Pros w/ no fine.
•  (1) DUI, 1st. Result: $250 fine, 180 days jail – all suspended, 12 months Restricted License, 6 months ignition interlock (Range 6 -12 months), ASAP, 2 years good behavior. (2) Reckless Driving. Result: Dismissed by Nolle Pros! (3) Refusal. Result: Dismissed by Nolle Pros!  This result avoided 12 months license suspension.
•  Reckless Driving by Speed, 110/70. Result: $500 fine, 60 days jail w/ 50 suspended – 5 days to serve after good time credit, 6 months suspended license, restricted license after 60 days.
•  Reckless Driving by Speed, 95/70. Result: $500 fine, 30 days jail – all suspended, 6 months Suspended/Restricted license after 30 days.  This result avoided the active jail sentence and any community service requirement.
•  Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $100 fine. This result avoided the misdemeanor.
•  Reckless Driving – Operating with Improper Brakes w/ Accident. Result: Reduced to Improper Equipment w/ $100 fine. This result avoided the misdemeanor.
•  Red Light Violation. Result: Dismissed!  The charge will not appear on the DMV transcript.
•  Driving w/ Suspended License, 5th Offense – Class 2 Misdemeanor. Result: Reduced to Driving Without License in Possession, (traffic infraction) w/ $10.00 fine.  This result avoided the misdemeanor, 10 days mandatory minimum jail, and 90 days license suspension.
•  (1,2) 2 Charges Driving with Suspended License, 3rd or subsequent offense. Result: Reduced to Driving Without License, 30 days jail – all suspended, 1st Offence – $300.00 fine – all suspended, 2nd Offense – $300 fine w/ $200 suspended. (3) Failure to Appear. Result: Dismissed!
•  DWI 1st. Result: $500 fine w/ $250 suspended, 180 days jail – all suspended, ASAP and no alcohol, 12 months Suspended/Restricted, ignition interlock for 12 months – can petition for removal after 6 months.
•  Reckless Driving by Speed, 80/55. Result: Reduced to Speeding, 80/55 w/ $250 fine.

December

•  (1) Driving w/ Suspended License Result: Not Guilty. (2) Expired Registration. Result: Dismissed with payment of court costs.
•  (1) DWI 1st w/ elevated BAC. Result: ASAP, 12 months Suspended/Restricted license, 6 months ignition interlock, $1000 fine w/ $500 suspended, 90 days jail w/ 80 days suspended – 10 days mandatory to serve. (2) Fail to Obey Highway Signal. Result: Dismissed by nolle pros!  This result accomplished the minimum sentence permitted by the Virginia Code and avoided the traffic charge.
•  Reckless Driving by Speed, 84/60. Result: Reduced to Improper Driving w/ $144 fine.  This result avoided the misdemeanor.
•  (1) Speeding, 80/60. Result: Reduced to Speeding, 69/60 w/ $120 fine.  This result avoided the misdemeanor. (2) No Drivers License. Result: Not Guilty!
•  (1) DUI 1st. Result: 30 days jail – all suspended, $500 fine w/ $250 suspended, ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock. (2) Reckless Driving – Fail to Maintain Lane. Result: Dismissed by Nolle Pros!
•  (1) DUI 1st. Result: $500 fine, 6 months jail – all except 15 days suspended, ASAP and no alcohol, 12 months Suspended/Restricted license, 6 months ignition interlock. (2) Refusal, 1st. Result: Dismissed!
•  (1) DWI 1st. Result: 180 days jail –  175 days suspended – 5 days to serve, 12 month Suspended/Restricted license, 1 year probation, $250 fine. (2) Driving Suspended, 3rd Result: Dismissed by Nolle Prose.  (3) Reckless Driving. Result: Dismissed!
•  Reckless Driving by Speed, 73/45. Result: Reduced to Improper Driving w/ $280 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.  This Result avoided the misdemeanor.
•  Reckless Driving by Speed, 94/65. Result: Reduced to Improper Driving w/ $500 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 58/35 (23 mph). Result: Reduced to Speeding, 54/35 (19 mph) w/ $100 fine.
•  Speeding, 80/60. Result: Reduced to Defective Equipment/Speedometer w/ $140 fine.
•  Speeding, 49/30. Result: Reduced to Defective Equipment w/ $50.00 fine.
•  (1) Driving with Suspended License, 3rd. Result: Dismissed! (2) Fail to Appear. Result: $100 fine.  The dismissal of the Driving with Suspended License charge avoided the misdemeanor.
•  Reckless Driving by Speed, 98/65. Result: $750 fine, 30 days jail – all  suspended, 33 days community service.
•  Improper Lane Change w/ Accident. Result: Dismissed!
•  Reckless Driving by Speed, 67/45. Result: Reduced to Speeding, 64/45 w/ $90.00 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 88/60. Result: Reduced to Improper Driving w/ $250 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 102/60. Result:  $1,000 fine w/ $750 suspended, 30 days jail w/ 26 suspended – 4 days to serve, 60 days suspended/restricted license.
•  (1) DWI 3rd in 5-10 years. Result: Reduced to DWI 2nd in 5-10 years. ASAP, 180 days jail w/ 160 suspended – 10 mandatory and 1/2 of 10 = 15 to serve, 3 years Suspended License – Restricted after 4 months, ignition interlock – 6 months when applies for restricted license, $1,000 w/ $500 suspended.  (2) Refusal. Result: Dismissed by Nolle Pros.  This result avoided Class 2 Misdemeanor, 3 years suspended license, fine, and costs.
•  (1) DUI 1st. Result: ASAP, 12 months Suspended License, 12 months jail – all suspended, $500 fine w/ $250 suspended, 2 years good behavior. (2) Reckless Driving by Speed, 54/35. Result: Reduced to Speeding w/ $114 fine. This result avoided a misdemeanor for the reckless driving and accomplished the minimum sentence permitted by the Virginia Code for the DUI.
•  Fail to obey Highway Sign. Result: Dismissed!

Matney Law PLLC - DUI Attorney - Newport News VA

Matney Law – DUI Case Results

Matney Law - DUI Case Results

Matney Law PLLC with offices in Williamsburg & Newport News are providing some sample DUI cases results for your review.  You may read all of the case results for 2015 through 2018 in the tabs on this website.  Mark Matney has defended hundreds of people in traffic court.  If you are looking for a experienced DUI defense team, then call Matney Law.  We focus on the cities and counties between Virginia Beach and New Kent.

Call 757-784-3507

DUI Not Guilty and DUI Dismissed

During the past month, I achieved dismissals for two of my DUI clients. During this time I also helped other clients by negotiating the amendment of a DUI to reckless driving, the dismissal of other charges, the avoidance or reduction of jail, and other positive sentencing outcomes.

The dismissal by nolle pros was exciting for my client, but it was not extraordinary. By showing up ready for trial, I was able to take advantage of a difficulty with the prosecution’s evidence. This resulted in the prosecutor asking the judge to dismiss the case with the hope that he can possibly obtain the necessary evidence in the future.

The not guilty decision was exhilarating. DUI trials are hard fought, with most of my clients presumed to be under the influence as soon as we walk into the courtroom. In this case, I argued a legal issue to challenge the admissibility of the breath certificate and the judge agreed to exclude the breath certificate with my client’s blood alcohol level. This decision removed the presumption that my client was under the influence and left both sides to argue about the field sobriety tests. After the officer described what he remembered happening, I asked him clarifying questions and gave him the opportunity to explain how poorly he thought my client performed on the tests. The problem for the prosecution was that I then played the officer’s video of my client’s field sobriety tests and the judge was able to see that my client did not make the errors that the officer described. With the breath certificate excluded and the video demonstrating that my client did well on the field tests, the judge disregarded the officer’s testimony and found my client not guilty of driving under the influence (DUI).

Mark R. Matney - Attorney - Newport News - DUI Attorney

Penalties For DUI Conviction

Penalties For DUI Conviction

Matney Law PLLC has put together this detailed document for Penalties For DUI Conviction in Virginia.  The Matney Law firm provides legal defense for drunk drivers in Hampton Roads, Newport News, Hampton,  Williamsburg, and the counties of York, James City, New Kent, Isle of Wight, and Surry.

Call 757-784-3507 or Click Here to email Matney Law for a Free, No-Obligation Consultation!

What are the Penalties for a DUI conviction in Virginia?

Virginia Code Section 18.2-270 provides mandatory minimum sentencing requirements for people who are convicted of DUI and imposes enhanced penalties for cases that involve a high BAC and/or a subsequent offense. A judge must sentence someone who is convicted of a first offense DUI whose BAC is below 0.15 as follows: fine between $250 and $2,500, one year license suspension, completion of the Virginia Alcohol Safety Action Program (VASAP), and installation of an ignition interlock system for 6–12 months. Although there is no mandatory jail sentence for a first offense DUI with a BAC under 0.15, judges typically order a suspended jail sentence that could be imposed if the person fails to complete VASAP or does not remain of good behavior. In most cases, a first offender does not go to jail other than at the time of the arrest, receives a restricted license to drive for work, school, and certain other defined purposes on the day of court, and receives a fine close to the $250 minimum.

With respect to the alcohol level, even for a first offense, jail will be imposed for a BAC of 0.15 or above. In Virginia, a BAC of 0.15 to 0.20 will result in a five-day mandatory minimum jail sentence and if the BAC is above 0.20 the jail sentence will increase to a mandatory minimum of 10 days.

The penalties for a DUI conviction increase dramatically for a second offense. The judge must order the defendant’s license to be suspended for three years and the minimum fine increases to $500. If the second offense occurs within five years of the first offense, there is a mandatory minimum 20-day jail sentence and the defendant will not be eligible to apply for a restricted license until one year after the date of the conviction. If the second offense occurs within five to ten years of the first offense, then the mandatory minimum jail sentence is ten days and a restricted license may be obtained after four months. In both cases the judge may impose the ignition interlock machine for as long as the person has a restricted license.

The BAC is a significant factor in a second offense. The mandatory minimum jail sentence for a high BAC doubles when attached to a second offense. Thus, a person who is convicted of a second offense DUI with an elevated BAC will receive 10 mandatory days of jail with a BAC of 0.15 to 0.20 or a minimum of 20 days of jail if the BAC is over 0.20. Significantly, the mandatory jail for a high BAC is in addition to the mandatory jail for the second offense itself. This means that if a person is convicted of a second offense DUI within five years of a first offense and has a BAC over 0.20, then he would receive a mandatory minimum jail sentence of 20 days for the second offense, plus at least 20 days of jail for the high BAC, for a total of at least 40 days in jail.

A third offense DUI conviction is a Class 6 felony. This means the loss of certain rights (such as voting, serving as a notary, and possessing a firearm) in addition to the penalties imposed by the court. Being found guilty of a third DUI results in an indefinite license suspension and no opportunity to apply for a restricted license until three years after the conviction. The minimum fine for a third DUI is $1,000. The sentencing range for a third DUI conviction is one to five years with a mandatory minimum time in jail of six months for a third offense within five years and at least three months in jail if the third offense is within five to ten years of the priors.

In addition to the mandatory sentencing requirements of the Virginia Code, judges evaluate several other factors to determine whether a DUI sentence should include enhanced penalties. These factors include: blood alcohol level, refusal to submit to blood alcohol testing, whether or not the driver caused an accident, degree of cooperation with law enforcement, any additional charges against the defendant, and any prior criminal history. Moreover, many judges consider personal injuries to others as an aggravating factor that justifies imposing or increasing time in jail. In one of my first-offense DUI cases, the driver injured his passenger and received a six-month jail sentence (three months to serve after good time credit) and in another first-offense DUI case the driver injured a couple who was driving another vehicle and received a twelve-month jail sentence, which he appealed to the next level court. Most first-offense DUI cases do not involve any active jail time, but the extent of the injuries in these two cases provoked the judges to deal more harshly with the defendants.

It is important to note that judges consider lack of cooperation with the police when they make their sentencing determinations. Two reckless driving cases that I handled demonstrate how judges react adversely to conflict between the client and the police. The two clients were in similar situations with comparable speeds and the same judge. The first driver saw his charge amended from the misdemeanor of reckless driving to a traffic infraction. However, the second driver was found guilty of reckless driving. The driver who was convicted of reckless driving had ranted and cursed at the police officer. The judge was simply unwilling to give that driver a break after he had been so discourteous and uncooperative with the officer.

One situation that sometimes affects sentencing is a client’s past criminal history. If a client had a DUI conviction more than ten years before the new charge, then the prior offense cannot be used to elevate the new charge to a second offense. However, the prosecutor or the judge may argue that the person should not be treated the same as someone who is truly a first offender. This argument is sometimes successful in obtaining a more severe sentence than would be typical for someone without the prior record.

DUI/DWI Defense Lawyer - Newport News Virginia

Matney Law Reviews

Matney Law Reviews

Matney Law Reviews… (See Google Business Page) We are pleased to share a sampling of the review that former clients have provided for Matney Law, PLLC (Learn More...)  .  The Lawyers at Matney Law defend people throughout Hampton Roads against DUI / DWI, Reckless Driving, and other traffic related violations.  For more reviews, please visit:  www.avvo.com | www.rateabiz.com

Matney Law PLLC - DUI Attorney - Newport News VA

Fantastic Job

Mr. Matney and his crew did a fantastic job handling my case. They were all very professional, communicative, and kept me in the loop each step of the way. I commend them for that. Yesterday I even received a closing packet in the mail, never have before, pretty awesome.  I hope to never need them again, but if I do, I will not hesitate to call and/or recommend his office to a friend. Thanks again!  7-6-2020

DUI/DWI Defense Lawyer - Newport News Virginia

First Time Getting a Ticket

First time getting a ticket and it was an out of state ticket in Virginia. Mr. Matney was referred to me by a friend and I reached out by email, receiving a call from him after 5 pm on a Friday asking me all my information and giving me advise even before I hired him. Once I did the communication on the process and how everything would and should work was quick and spot on. The advice given to me by Mr. Matney and his team, (Mary Alice and Claire) was a big relief and helped calm my fears never having dealt with a ticket but an out of state ticket at that. The out come of my speeding ticket was that it was reduced to defective equipment. Having given them all my information and probably more than they needed helped Mr. Matney prepare my case and I didn't even have to drive over 3+ hrs to be in court that day. Would recommend them (and have already) to anyone who receives a ticket in VA - and watch out for those rural areas where the speed changes quickly!

Avvo Client's Choice Award 2018 - Matney Law PLLC - Hampton Roads area of Virginia

Excellent Job Representing Me!

Posted 12-11-2018
Mark Matney did an excellent job representing me in a reckless driving charge. I was more than satisfied with his work. He was thoroughly professional and experienced, knew the law, and described what would happen when we appeared in court. He laid out the possible outcomes, carefully distinguishing between the most desirable outcome (charges dismissed) and what we might have to consider as an acceptable outcome (charges reduced, which was the outcome and with no demerit points). Mark is a courteous, friendly person, who listened to my story and made me feel comfortable during the entire process. I would not hesitate to use his services again or recommend him.

lawyer Mark Matney has a top 10 AVVO rating for 2018

So Thankful I Called Matney Law

Posted 6-25-2018
After my accident, I was extremely nervous about my court fine(s), insurance rate going up, and the mark it would leave on my driving record. I rear-ended someone in stop-and-go traffic, which caused them to rear-end the car ahead of them - nobody was hurt, and I was given a "following too closely" ticket. My best option was to hire a lawyer, but, being from out of town left me blindsided since I knew nobody in the area who could recommend the best lawyer. After investigating many law firm websites, I decided to call Matney Law, and I am SO thankful I did! Their Avvo badges on their website, the provided list of case outcomes, and the many wonderful reviews I read were what made my decision easy. I also liked that the consultation was free! I left a message, since I called after office hours, but shortly after leaving my message Mr. Matney called me back. I explained my situation to him and he made sure to ease my mind as he explained how having a lawyer through this process would work. He answered all of my questions thoroughly and made me feel very comfortable about having his firm represent me. Not once did I feel rushed or like I was just another paycheck. His assistants were both very sweet and helpful throughout the time leading up to my court date, too. Ms. Abigail Hockett represented me on the date, and I feel that she is just as wonderful as Mr. Matney! She called me about a week before the court date to go over information and she, too, put my mind at ease. She explained the possible outcomes and finalized the exchange of any additional documents I had that would help support my case (new tire receipts, etc.) On my court date, she went over what would happen in the courtroom and had given the judge documents to support my case beforehand to look over, in the hopes of the best possible outcome - dismissal of the ticket. I think we were in the courtroom for all of five minutes... after the judge called my name, he looked at my paperwork and dismissed my ticket. Thank you so much, Matney Law, for everything you have done for me! From all of the reviews I have read, it seems like this is the royal treatment that every one of your clients gets. Hopefully I will not be in the same situation again, but if I am I will absolutely hire you again without hesitation. If you are on the fence as to what law firm can help you, I urge you to call Matney Law. 10/10 experience.

lawyer Mark Matney has a top 10 AVVO rating for 2018

Fantastic service

5.0 stars - Posted by Michael - January 21, 2017

Received a summons for reckless driving while on travel to VA (85mph in a 60). Called Mark immediately upon arrival to my hotel. He returned my call within a very short amount of time. His price is fair, staff is exceptional, and he has a plan. He put me at ease and gave me confidence that things would be ok after preparing for the trial date. His approach is pragmatic and realistic...

Mark Randolph Matney’s response: “Rewarding result. You definitely helped us to help you by following the game plan and providing the documents that helped me present your case to the judge.”

lawyer Mark Matney has a top 10 AVVO rating for 2018

Impressed by Your Kindness & Consideration

5.0 stars - Posted by PKK - January 1, 2017

I wanted to take a moment to personally thank you for the professional manner in which you handled my son's summons of 'following too close' in the City of Newport News. When I contacted your office, I was immediately impressed by the kindness and consideration shown by you and Claire, your office manager, respectfully...

DUI and Reckless Driving

5.0 stars - Posted by anonymous - December 12, 2016

It was one of the hardest moments of my life. I was pulled over for going 85 in a 60 and DUI. My career was about to be over. I keep asking myself how I could have been so stupid.  I chose Mr. Matney after calling and reviewing a few Lawyers. I was facing a Reckless Driving charge and DUI. I was going to lose my license for a year, face huge fines, maybe...

Mark Randolph Matney’s response: “Thank you for your humbling review. This was a case where our pretrial preparation helped us exploit a weakness in the prosecutor's case. May you continue to see God's blessings in every area of your life.”

 

lawyer Mark Matney has a top 10 AVVO rating for 2018

I Got My Ticket Reduced Significantly

5.0 stars - Posted by Jim Keene - November 16, 2016

I recently was pulled over for speeding. The speed limit sign was blocked by trees. I hired Mark Matney as my attorney. He was very well prepared. I got my ticket reduced significantly and I had no points deducted from my record. I would highly recommend Mark Matney.

Wills and Trust

5.0 stars - Posted by anonymous - August 26, 2016

Mr. Matney did not advertise that he dealt with wills and trust, but he took care of doing this for us. He was very professional and met with us several times before finalizing the document. He was very assuring to us that what we wanted would be done in a timely manner and it was. Very happy that we have Mr. Matney as our lawyer.

Mark Randolph Matney’s response: “Thank you for your testimonial. I appreciated the opportunity to help. When I was with a general practice firm earlier in my career, I was trained in estate planning. I enjoy the opportunity to help people with their wills or trusts because I know that it will benefit them and their loved ones.”

lawyer Mark Matney has a top 10 AVVO rating for 2018

Outstanding Job!!!

5.0 stars - Posted by Tyrone - June 12, 2016

Calling Mr. Matney, was one of the best decision I ever made. His professionalism before and during my court case was top notch and ended with an excellent result!! His staff was great during this process, answering any questions or concerns promptly. I'm truly thankful for Mark and his staff. I highly recommend him for your legal needs!

 

Great Representation

5.0 stars - Posted by Paul - June 9, 2016

Mark Matney and his staff were very helpful and diligent in their representation of myself and my case. Communication was quick and concise, but easy to understand and the follow up when contacted was great. Great attorney and great office staff to deal with

Mark Randolph Matney’s response: “We appreciated the opportunity to help with this defense. This result is a good example of the importance of prior planning. In this reckless driving by speed case, we were able to avoid the misdemeanor even though the trial was held in the client's absence since he was an out of state resident.”

lawyer Mark Matney has a top 10 AVVO rating for 2018

Professional and Respectful Representation

5.0 stars - Posted by anonymous - May 25, 2016

Mr. Matney and staff showed a level of professionalism, sensitivity and respect that I have not experienced from any dealings with other lawyers. He kept in contact with me on a consistent basis and kept me abreast of all processes and procedures. His representation resulted in a very satisfying outcome in my case. I highly recommend this wonderful team!

Mark Randolph Matney’s response: “I especially appreciate your comment for its acknowledgement of the outstanding help I receive from my staff. We appreciated the opportunity to participate in your case and to help you resolve a difficult situation. Thank you.”

Charge Reduced

5.0 stars - Posted by Brian - March 6, 2016

I called Mr. Matneys office a couple minutes before they closed and he talked to me about my case for a little while. He was in no rush to get off the phone and answered all my questions. When I hung up I knew I had found my attorney. In court he maintained his cool and very collected composure and got my reckless reduced to improper driving. Would recommend him to anyone with a traffic/dui charge.

Mark Randolph Matney’s response: “Thank you for your input Brian. I believe that a significant part of my role as lawyer is helping people to prepare for their time in court. I want each client to know what to expect and to feel ready for any questions that are raised during the hearing.”

lawyer Mark Matney has a top 10 AVVO rating for 2018

One of VA's finest Attorneys!!

5.0 stars - Posted by Sheref - January 31, 2016

I am from NJ and was travelling to VA Beach Labor Day weekend. I was pulled over by a state trooper for doing 85 in a 60 and received a reckless driving ticket. The trooper explained that this was a mandatory court appearance. Upon researching the VA traffic laws, I learned if found guilty one could face jail time, a criminal record and heavy fines...

Mark Randolph Matney’s response: “Thank you for the opportunity to help you. I am very glad for your successful result! Part of my work is helping clients who are not local to understand the unique elements of the Virginia traffic laws and courts.”

Passing a Stopped School Bus - Defense Attorney - Matney Law PLLC

Passing a Stopped School Bus

Passing A Stopped School Bus

Matney Law PLLC of Newport News Virginia has put together the following information for your information.  The Virginia Code penalizes passing a stopped school bus with two separate provisions.  Code section 46.2-844, Passing Stopped School Buses, punishes the offense as a civil penalty.  However, code section 46.2-859, Passing A Stopped School Bus, criminalizes the offense as a class 1 misdemeanor under the reckless driving category.

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Passing a Stopped School Bus - Defense Attorney - Matney Law PLLCThe Law

Section 46.2-844, the civil version, is considered a lesser included offense of the reckless driving code section, so the same driver cannot be convicted of both charges from the same violation.  This is significant because convictions of the two charges result in such different outcomes.  The less serious 46.2-844 provides only “a civil penalty of $250” and does not carry any DMV demerit points.  On the other hand, a conviction under the reckless driving section, 46.2-859, would result in a criminal conviction that would appear permanently on the driver’s criminal history and eleven years on the driver’s DMV transcript, while also subjecting the driver to six DMV demerit points and the possibility that a judge could impose a fine, license suspension, and/or jail.

The language of the two code sections is very similar with most of the charge descriptions being identical, as indicated by the underlined portions:

“The driver of a motor vehicle approaching from any direction a clearly marked school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, who … fails to stop and remain stopped until all such persons are clear of the highway, private road or school driveway …”  46.2-844, emphasis added to identify identical language.

“A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion …”  46.2-859, emphasis added to identify identical language.

The two code sections also include identical language rendering it “prima facie evidence that the vehicle is a school bus” upon “the testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices …”

In practice, the difference between the two charges is the perceived risk that the driver imposed on those who were entering or leaving the bus.  Judges consider such factors as whether anyone was actively boarding or exiting the bus and whether the driver stopped and proceeded, slowed, or did not react at all in response to the stopped school bus.

Drivers run the risk of being charged under these code sections even if they are not stopped immediately at the location of the offense.  If the police are not available or able to stop and identify the transgressing driver at the time of the violation, then a summons may still be issued.  The Virginia Code provides that if a summons is “issued within ten days of the alleged violation,” then it will be presumed that the registered owner of the vehicle was the driver when the offense occurred.  The owner is entitled to present evidence that he or she was not driving the vehicle at the time in order to rebut or contradict this presumption.

The initial determination when charged with passing a school stopped school bus is whether code section for reckless driving or section for a civil infraction applies.  If charged with a criminal misdemeanor under the reckless driving code provision, then it is vital to prepare appropriately to seek an amendment to the lesser offense.