DMV Demerit Points

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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The Virginia Department of Motor Vehicles (DMV) uses a point system to monitor Virginia drivers. The DMV assigns demerit points for driving convictions and rewards safe driving and driver improvement courses with positive points.

A new Virginia driver begins with 0 points. This applies to both first time drivers and drivers who transfer from another state. Drivers earn one point for each calendar year without any traffic infractions or license suspensions. Completing a driver improvement course accelerates the process by providing 5 positive points. Points may only be earned through the course once every two years. The maximum a driver may earn is 5 points.

Courts do not assign demerit points directly. Instead, the DMV assigns demerit points based on the nature of the court conviction. Demerit points are deducted for every moving violation. Each infraction is assigned a point value of -3, -4, or -6, depending on the severity of the offense. Speeding 20+ mph over the limit and all misdemeanors (i.e. reckless driving, DUI, driving with a suspended license) are assigned 6 demerit points. Examples of 4 demerit point violations are speeding (10-19 mph over limit), passing when unsafe, and failure to yield right of way. 3 demerit point violations include speeding (1-9 mph over limit), improper U-turn, and failure to obey a highway sign. If a driver is convicted of more than one violation in the same incident, then DMV will only assign points for the most severe charge.

There is no limit to how many negative points a driver could accumulate. However, DMV will place a driver on probation if he accumulates 12 or more points in a 12-month period or 18 or more points in a 24-month period. An additional demerit point violation while on probation results in suspension of the driver’s license without a restricted license.
For more information about DMV demerit points or traffic infractions, you may refer to www.dmv.virginia.gov or contact Mark Matney at MatneyLawPLLC.com

Traffic Violations

The Lawyers at Attorney Mark Matney - Holcomb Law, PC in Newport News Virginia defend people against traffic violations. Attorney Mark Matney defends people in traffic court against reckless driving, speeding, expired registration, expired license, running a red light or stop sign, failure to wear a seat belt, DUI, DWI, driving without a license or with a suspended license, leaving the scene of an accident, hit-and-run accidents, passing a stopped school bus. Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry County, Toano.

So You Got A Ticket

Traffic tickets are serious business.

While many view traffic violations as minor infractions and nuisances, traffic tickets and moving violations have the power to wreak havoc on your life. Fees quickly mount, and points from tickets can cause your insurance premiums to skyrocket or result in a revoked or suspended license. Attorney Mark Matney - Holcomb Law, PC does not underestimate the seriousness of traffic violations and doggedly works on your behalf to get the charges you face reduced or dismissed.They can result in fines, court costs and points being placed against your driving record. Accumulating enough points within a two-year period subjects a person to additional sanctions by the Motor Vehicle Administration, including driving school, an official warning letter, a point system conference, suspension or even revocation or driving privileges. And imagine how high your car insurance will be.

Handling a wide array of traffic violation cases

I regularly represent clients charged with traffic violations, including:

Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.

January 18, 2018

Local Counsel for Federal Civil Cases

Mr. Matney has served as local counsel for Federal Civil Cases is an allied attorney with Alliance Defending Freedom, a network of Christian lawyers. In this role he has helped out of state law firms with their representation of Virginia clients in cases involving election law, religious freedom, and free speech.

Civil Cases

Herb Lux v. Virginia State Board of Elections, USDC – Richmond, 3:10-cv-482, 2010 to 2012

Local counsel for The Bopp Law Firm. Challenged Virginia election law on behalf of Tea Party candidate for congress. The Virginia Code was amended as a result of this case.

2. Christian Rights Ministries v. City of Chesapeake, USDC – Norfolk, 2:08-cv-154

Local counsel for Alliance Defending Freedom. A ministry was asked to remove their cross from their booth at the end of a parade. The City defended by claiming that there was a safety issue. The case settled.

3. U.S. v. William Danielczyk, USDC – Alexandria, 1:11-cr-85 (JCC)

Local counsel for The Bopp Law Firm. Assisted with filing amicus curiae brief on behalf of The James Madison Center for Free Speech re: campaign contributions by corporations as free speech.

June 8, 2017

2017 Case Results

This is a listing of the 2017 Case Results handled by Holcomb Law, PC. 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 all of Hampton Roads, especially Newport News, Hampton, Yorktown, Williamsburg, York County, James City County, Virginia Beach, Norfolk, Chesapeake, Suffolk, and Isle of Wight.

Disclaimer for Case Results...

I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2017 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 Reckless Driving Cases

In every case where a Reckless Driving charge is amended to Speeding or Improper Driving, the criminal misdemeanor is avoided and the result is a traffic infraction. This reduces the length of time the charge remains on the driver's DMV transcript and in most cases it also reduces the number of DMV demerit points.

CASE RESULTS 2017

January
Charge: Reckless driving in parking lot (accident). Result: Amended to following too closely. No fine, court costs only. Avoided misdemeanor and fine. Reduced DMV demerit points and length of time reported on DMV transcript.

Charge: Speeding 30/25 in school zone. Result: Withheld finding with review date. To be dismissed without court appearance if no new violations.

Charge: Reckless driving by speeding 76/55. Result: Amended to Defective Equipment with $150.00 fine.

6 Charges: (1) DUI 2nd in 5 years - Amended to DUI 2nd in 10 years, ASAP, $1000 fine with $500 suspended, 180 days jail with 150 days suspended (20 to serve on weekends), 3 years suspended license with restricted in 4 months. (2) Driving while suspended - $100 fine, 90 days suspended license, 90 days jail with 86 suspended (2 days to serve on weekend). (3) & (4) Refusal 2nd offense & Failure to have vehicle inspected - Both dismissed by Nolle Pros. (5) Capias for violation of pretrial conditions - Dismissed. (6) Display tags on wrong vehicle - Dismissed upon payment of court costs. Dismissal of the Refusal 2nd offense avoided 3 years license suspension. Amendment from DUI 2nd in 5 years to DUI 2nd in 10 years made client eligible for a restricted license in 4 months instead of in 12 months.

4 Charges: (1) Driving without License (46.2-300). Result: Amended to No License in Possession (46.2-104) with $10.00 fine plus costs. (2) Failure to Provide Proof of Insurance at Accident. Result: Dismissed with payment of costs. (3) Open Container. Result: Guilty, $75.00 fine and costs. (4) RD General (Accident). Result: Guilty with $750.00 fine with $500 suspended and costs; 90 days Restricted License; 40 hours community service. Appealed Reckless Driving and Open Container. (The reckless driving and open container were later dismissed in Circuit Court).

Charge: Reckless driving by Speed, 47/25. Result: Amended to speeding 44/25, $114.00 fine.

Charge: Speeding, 63/45. Result: Dismissed with payment of court costs.

Charge: Speeding 77/60. Result: Amended to Defective Equipment, $30.00 fine.

Charge: Reckless driving by Speed, 85/60. Result: Amended to Speeding, 20+ mph, $120.00 fine.

Charge: Speeding, 57/45. Result: Dismissed with payment of Court costs.

Charge: Reckless driving, Improper Brakes. Result: Amended to Defective Equipment, $100.00 fine.

Charge: Reckless driving by Speed, 95/70. Result: Reckless driving by Speed. 95/70, $450.00 fine, 30 days jail - all suspended, 2 years good behavior, 6 months suspended/restricted License. Avoided active jail sentence and obtained Restricted License.

Charge: Reckless driving by Speed, 104/60. Result: Dismissed - Motion to dismiss for failure to prosecute.

Petition for Expungement of three felony charges that were resolved by nolle prosequi. The prosecutor in this case opposed expungement claiming that my client did not demonstrate that there was a manifest injustice in allowing the dismissed charges to remain on my client’s record. Trial before judge. The judge granted expungement of all three of the charges.

Charge: Reckless driving by Speed, 67/45. Result: Dismissed on Motion to Dismiss due to officer's radar calibration certificate was expired.

Charge: Reckless driving by Speed 85/60. Result: Amended from Speeding 85/60 to Speeding 79/60, $114.00 fine.

3 Charges: (1) Refusal 2nd offense: Dismissed by Nolle Pros. (2) Speeding 54/35: Dismissed by Nolle pros. (2) DUI, 2nd in 5 years. Result: ASAP, $1,000 fine with $500.00 suspended, 3 year suspended license, 180 days jail - 160 days suspended (20 days mandatory), restricted license after one year. Dismissal of the Refusal 2nd offense avoided 3 years suspension of driver’s license.

Charge: DUI, 2nd within 5 years, 0.15 elevated BAC. Result: DUI 2nd in 5 years with standard BAC. Sentence: ASAP, $1,000 fine with $500.00 suspended, 3 years suspended License, eligible for Restricted License in one year, 3 years good behavior, 12 months jail with 11 months suspended. Amendment of the BAC reduced the mandatory minimum jail.

Charge: DUI, 1st, 0.19 BAC, and Improper Signal. Result: Improper Signal dismissed by Nolle pros. DUI = VASAP, $250.00 fine, 6 months interlock, 12 months suspended/restricted license, 60 days jail - 55 days suspended, 2 years good behavior.

Charge: Speeding 77/60. Result: Amended to Speeding 69/60.

Charge: Speeding 65/45. Result: Amended to Speeding 59/45 with $100 fine.

Charge: Speeding 81/60. Result: Amended to Speeding 74/60, $84.00 fine.

Charge: Reckless driving by Speed 83/60. Result: Amended to Speeding 78/60, $120.00 fine.

February

2 Charges: DUI 1st and Reckless Driving General. Result: Agreement with prosecutor: (1) DUI dismissed by nolle pros. (2) Reckless driving - $250.00 fine, VASAP, 30 days jail - all suspended, 2 years good behavior, 6 months suspended/restricted license. This result avoided the DUI conviction and the ignition interlock requirement.

2 Charges: (1) Driving Under Revoked/Suspended License 3rd Offense and (2) Speeding 78/60. Result: dismissed! Avoided the misdemeanor and no demerit points!

2 Charges: (1) DUI 1st and (2) Failure to appear. Result: Agreement with prosecutor. Dismissed failure to appear by nolle pros. DUI sentence: VASAP, $500.00 with $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock and 2 years good behavior.

Charge: DUI 1st. Result: Agreement with prosecutor to amend from DUI to Reckless Driving in Parking Lot. Result: $250 fine, 90 days jail - all suspended, 90 days suspended/restricted license. Avoided DUI, ASAP, ignition interlock.

Charge: Reckless driving by Speed 112/55. Result: Guilty of reckless driving by Speed 112/55, $500 fine, 90 days jail with 75 suspended (8 to serve on weekends after good time credit applied), 6 months suspended/restricted license with 30 days before eligible for restricted. Weekend jail.

Charge: Reckless driving by Speed 63/35. Result: Amended to Speeding 54/35, $114 fine.

Charge: Reckless Driving by Speed 96/70. Result: Amended to Improper Driving with $500 fine. Avoided misdemeanor, jail & license suspension, reduced DMV demerit points from -6 to -3.

Charge: Reckless driving by Speed, 85/60. Result: Amended to Speeding, 79/60, $114.00 fine.

Charges: Reckless driving by Speed 91/70, Suspended License (13th offense). Result: Guilty of both charges. (1) Reckless driving by Speed: $500 fine, 90 days jail-all suspended, 90 days license suspension, (2) Suspended license: $500 fine, 90 days license suspension, 12 months jail - 6 months suspended (3 months to serve). Client appealed to Circuit Court with $2500 appeal bond for reckless driving and $5000 appeal bond for Suspended License.

3 Charges: (1) DUI 1st, (2) Refusal, (3) Failure to Yield. Results: Agreement with prosecutor = (3) Nolle Pros Failure to Yield, (2) Withheld finding for Refusal - to be dismissed on review date, if no new violations. (1) DUI 1st - Sentence - ASAP, 12 months suspended/restricted License, 6 months ignition interlock, $500.00 fine with $250.00 suspended, jail = 365 days - ALL suspended.

Charge: Reckless Driving by Speed. Result: Amended to Improper Driving, $180.00 fine.

Charge: DUI 1st, elevated BAC (0.22), Accident with injuries. Result: DUI with mandatory minimum sentence (avoided enhancements for the accident). Sentence: ASAP, $500 fine with $250 suspended, 365 days jail with 355 suspended (10 days mandatory due to elevated BAC, 12 months suspended / restricted license, 6 months ignition interlock.

Petition for Restricted License. Result: Judge granted petition and awarded Authorization for Restricted License.

3 Charges: Reckless Driving by Speed, 84/55, Unapproved windshield sticker, No Muffler. Result: Dismissed 2 charges - Unapproved windshield sticker and No muffler. Withheld finding for Reckless Driving. Reckless Driving to be amended to Speeding on review date if no new violations and complies with terms of restricted license.

Charge: Reckless Driving General (Accident). Result: Amended to Improper Driving, $50.00 fine.

Charge: Speeding, 56/40. Result: Amended to Defective Speedometer with $50.00 fine. This result avoided DMV demerit points.

Charge: Speeding, 55/45. Result: Amended to Speeding, 54/45, $54.00 fine.

Charge: Reckless Driving by Speed 65/45. Result: Amended to Speeding 60/45.

Charge: Reckless Driving by Speed, 76/55. Result: Amended to Speeding, 64/55, $54.00 fine.

Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding, 79/60, $114.00 fine.
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Charge: Reckless Driving by Speed, 85/70. Result: Dismissed!

2 Charges: (1) Reckless Driving by Speed (81/60). Result: Amended to Speeding (75/60), $90.00 fine. (2) Failure to Display License Plate - Dismissed.

March

Charge: Unsafe Lane Change - Not guilty plea. Result: Guilty of Unsafe Lane Change with $50.00 fine.

2 Charges: Illegal Window Tint and Speeding, 78/60. Result: (1) Dismissed Window tint and (2) Amended Speeding 78/60 to Defective Equipment (no demerit points).

Charge: Speeding, 44/25. Result: Amended to Speeding 34/25, fine $54.00.

2 Charges: (1) Failure to appear (misdemeanor) and (2) Driving with suspended license 3rd offense (misdemeanor). Result: Dismissed Failure to Appear. Amended Driving with suspended license to No Operator's License in Possession (traffic infraction). Avoided 2 misdemeanors. Avoided 10 days mandatory jail and 90 days license suspension that would have been imposed for 3rd offense suspended license charge, avoided DMV demerit points. Fine: $10.00.

Charge: Reckless Driving by Speed, 85/70. Result: Amended to Speeding 85/70 in General District Court. Amended to Speeding 79/70 in Circuit Court.

Charge: Reckless Driving by Speed, 90/60. Result: Reckless Driving by Speed, 90/60 with $250 fine. Avoided 40 hours community service imposed by General District Court. Also avoided jail and license suspension.

Charge: Reckless Driving by Speed, 48/25. Result: Amended to Speeding 48/25 with $200 fine. Avoided misdemeanor. Judge declined to amend speed due to driving record.

2 Charges: (1) Failure to obey stop sign. (2) Speeding 39/25. Result: Dismissed Failure to obey stop sign. Fine for speeding.

Charge: Reckless Driving by Speed 68/45. Result: Amended to Speeding 64/45, $138 fine.

Charge: Speeding 71/55. Result: Dismissed!

Charge: Reckless driving by Speed 80/60. Result: Amended to Speeding 69/60, $54 fine.

Charge: DUI 1st. Result: $250 fine, ASAP, 180 days jail - all suspended, one year good behavior, Out of state resident so did not apply for restricted license and not required to have ignition interlock.

Charge: DUI 1st. Result: Agreement to amend from DUI to Reckless Driving General. Sentence: $250 fine, $25 special assessment, 12 months suspended/restricted license, ASAP. Avoided DUI and ignition interlock.

Charge: Reckless Driving by Speed, 49/25. Result: Amended to Speeding, 44/25, $100.00 fine, $5.00 special assessment.

3 Charges: DUI with elevated BAC, Reckless Driving, Underage Possession of alcohol. Results: (1) DUI - Amended from elevated 0.15 BAC to 0.14 BAC, 1 year good behavior, ASAP, $250.00 fine, 12 months suspended/restricted license, 180 days jail - all suspended. (2) Reckless Driving and (3) Underage Possession charges both dismissed. Amendment of the BAC avoided 5 days mandatory minimum jail.

Charge: Reckless Driving by Speed, 90/70. Result: Amended to Improper Driving.

Charge: Reckless Driving by Speed, 88/60. Result: Amended to Speeding, 79/60, with $114 fine.

Charge: Reckless Driving by Speed 85/70. Result: Amended to Speeding 79/70, $125.00 fine.

Charge: Reckless Driving by Speed, 88/70. Result: Amended to Improper Driving with $350 fine.

Charge: ASAP Show Cause. Result: Show cause dismissed with payment of court costs. Reinstated into ASAP.

2 Charges: Suspended License 3rd (misdemeanor) and Speeding 60/45. Result: (1) Amended to No license in possession (traffic infraction). (2) Speeding 60/45 amended to Speeding 54/45.

Charge: Reckless Driving 101/60. Result: Guilty of Reckless Driving with $250.00 fine only. NO jail and no License Suspension!

April

Charge: Reckless Driving General (accident). Result: Judge granted review date for charge to be dismissed if client completes driver improvement, pays court costs, and has no new violations before the review date.

2 Charges: Reckless Driving by Speed (84/60) and Driving in Violation of Learner's Permit. Result: (1) Learner's Permit Charge Dismissed and (2) Reckless Driving amended to Speeding (69/60). Avoided misdemeanors and reduced DMV demerit points.

Charge: Speeding (78/60). Result: Amended to Defective Equipment with $30 fine. No DMV demerit points.

Charge: Failure to Comply with Visitation. Result: Dismissed with no court costs! [Not a typical case for us. Helped a client at the time with this other matter].

Charge: Speeding 76/55. Result: Amended to Speeding, 64/55 with $54.00 fine.

4 Charges: (1) Forged License plate (2) Expired registration, (3) Fail to display license plates, (4) Suspended license. Results: (1) Dismissed!, (2) Dismissed!, (3) $30 fine, (4) $200 fine, license suspended for 90 days.

2 Charges: (1) Reckless Driving, 71/45, and (2) No Registration in Posession. Result: (1) Reckless driving amended to speeding 71/45 with $240.00 fine. (2) Registration charge dismissed.

2 Charges: (1) Felony Eluding Police and (2) Driving with suspended license, 3rd offense. Result: (1) Felony Eluding Police amended to Misdemeanor Eluding Police, $100 fine. (2) Suspended license: $100 fine, 90 days jail with 80 suspended leaving 10 days mandatory minimum to serve, one-year good behavior, 90 days suspended license. Avoided felony, limited total fine to $200, avoided all but 10 days mandatory minimum jail.

2 Charges: (1) Following too closely. (2) Driving with suspended license (11th offense). Result: (1) $50 fine for following too closely. (2) Driving with suspended license: $2500 fine with $2500 suspended, 3 years good behavior, 4 hours community service to be monitored by Community Corrections, 365 days jail with 305 suspended (35 days to serve on weekends after applying mandatory time and good time credit). Improved on General District Court result by avoiding $500 fine, reducing active jail sentence by 15 days, and obtaining weekends instead of straight time.

Charge: Speeding 51/25 in Active School Zone. Result: Amended to Speeding 34/25, with $54.00 fine.

Charge: Reckless Driving by Speed (88/60) and HOV violation. Result: Amended Reckless Driving by Speed to Speeding (69/60) with $54 fine. HOV violation: $100 fine.

Charge: Speeding 49/35. Result: Dismissed with payment of court costs!

Charge: Failure to obey traffic signal (accident). Trial on not guilty plea. Result: Guilty of Failure to obey traffic signal with $100 fine.

3 Charges: (1) Fail to update license, (2) Speeding 78/60, (3) DUI 1st. Result: Dismissed failure to update license. $108 fine for speeding. DUI sentence: ASAP, $500 fine with $250 suspended, 30 days jail - all suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.

Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding 79/60 with $114 fine.

2 Charges: (1) Counterfeit Inspection Sticker (misdemeanor), (2) Operating uninspected vehicle. Result: Dismissed Counterfeit Sticker dismissed, $75 fine for operating uninspected vehicle.

Charge: Reckless Driving by Speed, 84/60. Result: Amended to Speeding, 69/60, with $54 fine.

Charge: Reckless Driving by Speed 77/55. Result: Amended to Speeding 70/55 with $105 fine.

Speeding 41/25. Result: Judge continued the case for review. The charge will be dismissed if the following terms are complied with: (1) Reimburse parents for court costs and cost of driver improvement course, (2) No new violations with updated DMV transcript to be provided to the judge, (3) Do well in school with updated school transcript to be provided to the judge.

Charge: Reckless Driving 70/35. Result: Guilty with $250.00 fine and costs of $94.00. No jail and no Suspended License (Driving double the speed limit).

Charge: Speeding 42/25 (17 mph over limit). Result: Amended to Defective Speedometer with $30 fine. No DMV demerit points!

Charge: Misdemeanor Failure to Stop at Scene of Accident (Hit and run). Result: Amended to Following too closely. No fine, court costs only. Avoided criminal misdemeanor, reduced DMV demerit points.

May

Charge: DUI 2nd within 5 years and with elevated BAC. Result: ASAP, $2500 fine with $1500 suspended ($1000 to pay), 3 years suspended license (eligible for restricted after one year), 3 years probation, 12 months jail with 11 suspended (30 days mandatory minimum to serve on weekends).

Charge: Reckless Driving by Speed, 83/70. Result: Amended to Defective equipment with $100 fine. Avoided misdemeanor and DMV demerit points.

3 Charges: Driving with suspended license, 3rd or subsequent, and 2 Failure to Appear charges (misdemeanors). Dismissed both Failure to Appear charges! Amended Driving with suspended license (class 1 misdemeanor) to driving without a license (class 2 misdemeanor) with $100 fine. This result avoided two misdemeanors, 10 days mandatory minimum jail, and 90 days license suspension.

Charge: Speeding, 63/45. Result: Judge declined to amend the charge due to the driving history, $108 fine.

3 Charges: Driving with suspended license 3rd offense, Expired inspection, Seat belt violation. Suspended license charge continued for client to obtain license. Dismissed expired inspection charge with court costs. $25 fine for seatbelt violation.

2 Charges: DUI 1st with accident and Refusal. Negotiated result with prosecutor. Dismissed Refusal by nolle pros. DUI sentence: ASAP, $500 fine with $250 suspended, 90 days jail with 80 days suspended (4 days to serve after credit for good time and day of arrest), 12 months suspended license. Restricted license approved with ignition interlock for first 6 months. 2 years good behavior. Jail to be served on weekends. Dismissal of Refusal charge avoided additional one year license suspension.

Charge: Reckless Driving by Speed 83/60. Result: Amended to Speeding, 79/60, with fine of $130.00.

Charge: Reckless Driving by Speed, 88/70. Result: Amended to Improper Driving with $300 fine.

Charge: Failure to Obey Highway Sign. Result: Amended to defective speedometer with $84 fine. No DMV demerit points!

3 Charges: DUI 1st, Reckless Driving, Refusal 2nd. Agreement with prosecutor. Dismissed Reckless Driving and Refusal 2nd offense. Sentenced for DUI 1st: ASAP, $250 fine, 180 days jail - all suspended, 12 months suspended license, did not apply for restricted license, 12 months good behavior. This result avoided two misdemeanors and three years license suspension on the refusal charge.

2 Charges: (1) Suspended License, 3rd Offense - $100.00 fine, 60 days suspended License, jail reduced from 10 days to 5 days based on argument about one of the prior convictions), (2) Expired Inspection - Dismissed with court costs.

Charge: Speeding 40/25. Result: To be dismissed if pay court costs and provide original Driver Improvement Certificate.

Charge: Reckless Driving by Failure to Maintain Control (Accident). Result: Amended to Improper Driving, $50.00 fine.

Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding, (79/60), $114.00 fine.

2 Charges: (1) Driving without license - Dismissed! (2) Speeding 70/55 - To be dismissed on review date if meet conditions: (1) pay court costs (client paid in full on court date), (2) complete driver improvement course and submit original certificate to the court before the review date. This result avoided a criminal misdemeanor for the license charge and will avoid all DMV demerit points if the driving certificate is filed with the court.

Charge: Speeding (59/45). Result: Deferred to review date to be dismissed without appearance if no new violations.

Charge: Speeding, (63/45). Result: Amended to Defective Speedometer, $30.00.

2 Charges: Reckless Driving by Speed (91/70) and Driving with Suspended License (multiple offense). Result: (1) Reckless Driving: $250 fine, 90 days jail - all suspended, 90 days suspended license. (2) Suspended License: $250 fine, 90 days suspended license, 12 months jail with 8 months suspended (2 months to serve after good time credit). Result: Improved General District Court result with $500 reduction in fine and 30 day reduction in active jail.

Charge: Speed, 56/35. Result: Dismissed with payment of court costs.

Charge: Reckless Driving - General (Accident). Result: Dismissed with payment of court costs.

Charge: Reckless Driving by Speed, 87/60. Result: Guilty with $200.00 fine. Appealed to Circuit Court.

2 Charges: Driving with Suspended License - Amended to Driving without a License with $50 fine. (2) Failure to Stop (stop sign): Amended to Improper Equipment with $50 fine. This result amended the license charge from a Class 1 misdemeanor to a Class 2 misdemeanor and avoided 90 days license suspension.

Charge: Driving with Suspended License (3rd offense). Result: Amended to Driving Without a License with $25 fine. This result reduced the charge from Class 1 misdemeanor to Class 2 and avoided 10 days mandatory jail and 90 days license suspension.

Charge: ASAP Violation/Show Cause. Result: Dismissed!

Charge: Reckless Driving - General (accident). Result: Dismissed with payment of court costs.

Charge: Speeding 41/25. Dismissed!

Charge: Reckless Driving by Speed, 83/60. Charge was dismissed with payment of $91 court costs.

Charge: Reckless Driving by Speeding, 85/60. Result: Dismissed!

June
Charge: Reckless Driving by Speed, 58/35. Result: Amended to Speeding, 44/35, $54.00 fine.
Charge: Speeding 58/45. Result: Dismissed! (Officer did not have his paperwork for this case, so he agreed to dismissal instead of continuance).
Charge: Speeding 70/55 (15 mph over). Result: Amended to Speeding 64/55 (9 mph over). This result reduced the charge to the lowest category for DMV demerit points and insurance.
Charge: DUI 1st (0.12 BAC). Result: ASAP, 180 days jail - all suspended, $500 fine with $250 suspended, 12 months suspended license (eligible for restricted but did not apply due to relocating), 12 months good behavior. This result obtained the minimum sentence permitted under the Virginia Code.
Charge: Reckless Driving by Speed, 80/55 (25 mph). Result: Amended to Speeding, 69/55.
Charge: Reckless Driving by Speed, 83/35 (48 mph). Result: Guilty of Reckless Driving by Speed 83/35. $111.00 fine, 90 days jail with 88 days suspended, 6 months suspended license with restricted license effective immediately. Avoided higher fine and jail sentence and achieved restricted license that is effective without a delay.
Charge: Reckless Driving by Speed, 60/35. Result: Amended to Speeding, 60/35, with $250 fine. Judge amended from misdemeanor to traffic infraction but did not amend the speed due to previous driving record.
Charge: Driving While Suspended due to DUI (46.2-272). Result: Amended to Driving Without a License, $150.00 fine. This result amended the charge from Class 1 to Class 2 misdemeanor and avoided 12 months mandatory license suspension.
Charge: Reckless Driving, General, Accident. Result: Reduced to Improper Driving, $50.00 fine.
2 Charges: (1) Driving Outside Restrictions (18.2-272). Result: Amended to Driving with License Suspended for Proof of Financial Responsibility (46.2-302) - $200.00 fine, 60 days jail - 56 Suspended, No License Suspension, 2 years good behavior; (2) Speeding 38/25. Result: Dismissed by Nolle Pros. Driving outside the restrictions for a license suspended by DUI is typically a 60 day jail sentence on the Peninsula. In this case we achieved only 4 days.
5 Charges: Dismissed 3 charges by nolle pros: Refusal 2nd, Open Container, Underage possession of alcohol. 4th charge: Driving without license - $100 fine. 5th charge: DUI 1st with elevated 0.18 BAC - Result: ASAP, $500 fee with $250 suspended, 120 days jail with 115 suspended, 12 months suspended license.
3 Charges: Dismissed Reckless Driving General and Dismissed Reckless Driving by Speed (81/45) by nolle pros. DUI 1st sentence: ASAP, $500 fine with $250 suspended, 180 days jail - all suspended, 12 months suspended license, eligible for restricted license with 6 month ignition interlock requirement. This result ensured the dismissal of both reckless driving charges while obtaining the minimum permissible sentence for the DUI.
3 Charges: (1) DUI 1st - ASAP, $500 fine with $250 suspended, 90 days jail - all suspended, 12 months suspended license with restricted license, 12 months ignition interlock requirement - may request removal after 6 months with no violation. (2) Reckless Driving by Speed - Amended to Speeding. (3) Failure to Appear - 5 days jail, all suspended.
2 Charges: (1) Illegal Inspection Sticker - Not Guilty!; (2) Fail to Have Vehicle Inspected - Dismissed!.
Charge: Reckless Driving (failure to maintain control) with Accident. Result: Dismissed!
Charge: Failure to Obey Highway Sign. Result: Dismissed!
2 Charges: Trespassing and Destruction of Property. Result: Dismissed upon showing client's compliance with conditions.
2 Charges: (1) DUI 2nd in 10 years, (2) Speeding 83/60. Result: (1) DUI 2nd amended to DUI 1st. (2) Speeding 83/60 amended to Speeding 73/60. Sentence: (1) DUI: $2500 fine, 30 days jail, ASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Speeding: $78.00 fine. The amendment from DUI 2nd to DUI 1st reduced the license suspension from 3 years to 1 year and made client eligible for a restricted license immediately instead of after a 4 month delay.
2 Charges: (1) Driving with suspended license, 3rd offense. Result: Amended to 1st offense. $100 fine, 90 days jail with 80 suspended (5 days to serve on weekends), 90 days suspended license, 2 years good behavior. (2) Failure to Obey Highway Sign. Result: $50 fine. The amendment from 3rd offense suspended license to 1st offense avoided 10 mandatory days of jail.
Charge: ASAP Violation. Result: Reinstated into ASAP with strict compliance, suspended jail sentence.
Charge: DUI, 1st, with elevated 0.20 BAC. Result: Amended to DUI, 1st, with standard BAC, ASAP, $250.00 fine, 2 years good Behavior, 12 month Suspended/Restricted License, 6 months interlock, 90 days jail - 86 Suspended. The amendment reduced the jail from 5 days to 2 days.

July
2 Charges: DUI 1st, Reckless Driving by Speed. Result: (Agreement with prosecutor) Dismissed Reckless Driving by Speed by Nolle pros. DUI amended to Reckless Driving General with $250 fine, 90 days jail - all suspended, ASAP, 50 hours community service to be monitored by ASAP, 6 months suspended license. This result avoided conviction of DUI or Driving after underage consumption of alcohol, thereby avoiding ignition interlock requirement. It also reduced the suspended license period from 12 months to 6 months.
2 Charges: Trespassing & Public Intoxication. Result: Both charges dismissed based on client's compliance with judge's conditions!
Charge: Reckless Driving by Speed, 80/60. Result: Amended to Defective equipment with $90.00 fine (no demerit points).
Charge: Speeding 77/60. Result: Defective equipment with $102 fine (no demerit points).
2 Charges: DUI with elevated 0.17 BAC and Reckless Driving. Result: Reckless Driving dismissed. DUI sentence: ASAP, $250.00 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days of jail, 175 suspended, 5 days mandatory (weekends).
Charge: Speeding 70/55. Result: Dismissed!
Charge: Speeding, 69/55. Result: Dismissed with payment of court costs!
Charge: Speeding, 65/45. Result: Amended to Speeding 54/45 with $75 fine. This result reduced the DMV demerit points from -6 (worst category) to -3 (best category for DMV and insurance).
Charge: Speeding, 60/45. Result: Amended to Defective equipment with $250 fine (no demerit points).
Charge: DUI 1st (0.12 BAC). Result: VASAP, $500 fine with $250 suspended, 12 months suspended/restricted license, 12 months ignition interlock (may petition for removal after 6 months), 180 days jail - all suspended, 3 years good behavior. This result ensured the statutory minimum sentence.

August
Charge: Trespassing on City Property. Result: Dismissed!

September
Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 79/60, with $150 fine.
Charge: Reckless Driving by Speed 78/55. Result: Reduced to Defective Equipment with $250 fine.
Charge: Reckless Driving 80/55. Result: Amended to Speeding 74/55 with fine of $114.00.
4 Charges: (1) Improper License Plates. Result: Dismissed by Nolle Pros, (2) Driving with Suspended License. Result: Amended to Driving Without A License, $100 fine, no jail or license suspension (Class 2 misdemeanor instead of Class 1), (3) Marijuana Possession. Result: First Offender Program, Charge to be dismissed on review date without court appearance if comply with 50 hours community service and 6 months restricted license. (4) Show Cause re: not reporting to jail. Result: Complete balance of unsuspended jail sentence, plus additional 10 days.
Charge: Speeding 53/40. Result: Dismissed with payment of court costs!
Charge: Reckless Driving by Speed, 61/25, in School Zone. Result: Guilty, $500 fine, 161 days jail with 157 days suspended (one weekend to serve), No license suspension.
Charge: Speeding 67/45. Result: Amended to Speeding 54/45. This result reduced the DMV demerit points from -6 (worst category) to -3 (least impact).
Charge: Reckless Driving by Speed, 81/55. Result: Amended to Speeding, 64/55. $156 fine plus court costs.
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding 79/60 with $125 fine.
3 Charges: (1) Refusal. Result: dismissed by Nolle pros. (2) Reckless Driving. Result: Dismissed. (3) DUI 1st. Result: $250 fine, ASAP, 180 days jail with 175 days suspended (one weekend to serve), one year good behavior, 12 months suspended license with restricted license, 6 months ignition interlock.
Charge: Reckless Driving by Speed, 77/45. Result: Amended to Speeding, 64/45.
Charge: Reckless Driving by Speed, 96/60. Result: $500 fine, 10 days jail - all suspended, 90 days restricted license. This result avoided an active jail sentence and the possibility of 6 months restricted license.
Charge: Reckless Driving by Speed, 82/55. Result: Amended to Speeding, 74/55.
3 Charges: (1) Refusal 2nd offense. Result: Dismissed by Nolle pros. (2) Open container. Result: Dismissed by Nolle pros. (3) DUI 2nd offense. Result: Amended to 1st offense with ASAP, $250 fine, 90 days jail with all jail suspended, 12 months suspended license, eligible for restricted license, 6 months ignition interlock. Amendment from 2nd offense DUI to 1st offense DUI reduced the license suspension from 3 years to 1 year, avoided mandatory jail, and made client immediately available for a restricted license. Dismissal of the 2nd offense Refusal avoided an additional 3 years of license suspension.
Charge: Speeding, 64/45. Result: Amended to Defective equipment with $25.00 fine (no demerit points).
Charge: Aggressive Driving. Result: Dismissed!
Charge: Driving with Suspended License, 3rd offense. Result: Agreement with prosecutor to amend to Driving Without a License with a $50.00 fine. This result avoided the harsh sentence of the General District Court (10 days jail, 90 days suspended license, 12 months probation).
Charge: Speeding 78/60. Result: Dismissed with payment of court costs!

October
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding 69/60 with $54 fine.
Charge: Speeding, 77/60. Result: Amended to Defective Equipment (no demerit points).
Charge: Reckless Driving by Speed 93/60 and HOV violation. Result: Reckless Driving - $198 fine, no license suspension or jail. HOV violation - $100 fine.
Charge: Speeding 50/25. Result: To be dismissed upon completing driver improvement course.
2 Charges: (1) Suspended License 7th. Result: $1,000 fine with $500 suspended, 365 days jail with 275 suspended, one year good behavior. Appealed case to Circuit Court. (2) Expired State Inspection. Result: Dismissed.
Charge: DUI 1st with elevated 0.15 BAC. Result: Amended to standard BAC to avoid 5 day mandatory minimum jail sentence, ASAP, 90 days jail - all suspended, $1,000 fine with $500 suspended, 12 months suspended license, 6 months interlock, 12 months good behavior.

Charge: Speeding 64/55 (previously amended from 72/55 in General District Court). Result: Judge granted deferred finding for dismissal upon client paying court costs and completing a second driver improvement course.
Charge: Speeding 60/45. Result: Dismissed! Officer was not able to prove the accuracy of his lidar equipment.
Charge: Reckless Driving by Speed 103/60. Result: Guilty with $750 fine. Appealed to Circuit Court.
Charge: Reckless Driving by Speed 82/60. Result: Guilty with $200 fine. Appealed to Circuit Court.
Charge: DUI 1st with elevated BAC. Result: 12 month good behavior, VASAP, $500.00 fine with $200.00 suspended, 12 months suspended/restricted license, 6 months interlock, 90 days jail with 85 days suspended (5 days mandatory).
Charge: Reckless Driving by Speed, 86/70. Result: Amended to Defective Equipment with $50 fine (no demerit points).
2 Charges: (1) DUI, 1st, with elevated 0.15 BAC. Result: ASAP, $1,500 fine with $1,000 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 12 months jail with 11 months, 25 days suspended, 5 days mandatory jail. (2) Fail to Obey Traffic Signal. Result: Dismissed by nolle pros.
Charge: Reckless Driving Speed, 91/60. Result: Amended to Speeding with $200.00 fine.
Charge: Reckless Driving General. Result: Amended to traffic infraction of Fail to Obey Highway Lane Marking, $200 fine.

Charge: Reckless Driving Speed 78/55. Result: Amended to Improper Driving, $180.00 fine.

Charge: Reckless Driving General with Accident. Result: Amended to Improper Driving with $50.00 fine.

Charge: DUI 1st offense with elevated BAC. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, $250 fine, 90 days jail with 85 days suspended (5 days mandatory), 2 years good behavior.

Charge: Reckless Driving by Speed, 90/55 (35 mph over limit). Result: Amended to Reckless Driving by Speed, 85/55 (30 mph over limit). Sentence: $300 fine. No jail sentence and No license suspension.

2 Charges: (1) Reckless driving by speed (83/60). Result: Amended to Speeding (74/60) with fine. (2) Expired Inspection. Result: dismissed with court costs. This result avoided the misdemeanor and reduced the DMV demerit points and DMV reporting period.

Charge: Reckless Driving by Speed, 96/60. Result: $300 fine, 30 hours community service, 10 days jail - all suspended. No license suspension and no active jail.

Charge: Reckless Driving – Fail to Maintain Control (Accident). Result: Amended to Improper Driving with $75.00 fine.

Charge: Failure to Obey Highway Sign (Speeding 73/45). Result: Judge granted trial in deputy's absence. Amended to Improper equipment with $50.00 fine (no demerit points).

Charge: Reckless Driving by Speed, 80/55. Result: Amended to Improper Driving with $100.00 fine.

Charge: Speeding 41/25. Result: Dismissed!

Charges: (1) Stalking, (2) Slander/Libel. Result: Agreement with Prosecutor - General Continuance for both charges to be dismissed if no new violations of the law or of the protective order.

Charge: Reckless Driving by Speed, 84/60. Result: Amended to Speeding, 79/60, with $114.00 fine.

2 Charges: (1) DUI, 2nd within 5 years. Result: 20 days jail (180 days, 160 suspended), fine $1,000 with $500 suspended, 3 years suspended License, ASAP. (2) Suspended License. Result: Dismissed by nolle pros.

3 Charges: (1) DUI, 1st. Result: $250.00 fine, ASAP, 90 days jail - all suspended, 2 years good behavior, 12 months suspended/restricted license (eligible but did not apply). (2) Refusal. Result: Nolle Pros. (3) Show Cause issued due to new DUI charge. Result: Dismissed.

Charge: Reckless Driving by Speed, 77/55. Result: Amended to Speeding, 74/55. This result avoided a criminal misdemeanor and reduced the DMV demerit points and the reporting period for the DMV transcript.

November
3 Charges: (1) DUI, 1st. Result: ASAP, $500 fine with $250 suspended, 365 days jail - all suspended, 12 months suspended license. Did not apply for restricted license due to Maryland resident. (2) Defective Equipment. Result: Dismissed by nolle pros. (3) Underage Alcohol Possession. Result: Dismissed by judge after argument.

3 Charges: (1) Open Container. Result: Dismissed by motion to strike, (2) Refusal. Result: 12 months suspended license, (3) DUI 1st. Result: ASAP, 12 months suspended license, 365 days jail with 345 suspended (10 days to serve after good time credit), $250 fine. Appealed to Circuit Court.

Charge: Reckless Driving by Speed, 60/35. Result: Dismissed by Motion to Strike when officer did not have Lidar Certification of accuracy.

2 Charges: (1) Speed, 83/60. Result: Dismissed! (2) Expired Inspection. Result: $60.00 fine.

Charge: Reckless Driving by Speed, 60/25. Result: Judge noted that speed was too high and imposed the same sentence as the General District Court. Sentence: $400 fine, 30 days jail - all suspended, 60 days suspended license.

Charge: Failure to Yield Right of Way (Accident). Result: Guilty, $30 fine. Appealed to Circuit Court.

4 Charges: (1) Dismissed Failure to Carry Driver's License. (2) Amended Reckless Driving by Speed (80/55) to Speeding, 15-19 mph over limit, $114 fine. (3) Underage Possession of Alcohol to be dismissed on review date if no new violations. (4) DUI, 1st offense, Sentence: ASAP, $250 fine, 12 months jail - all 12 months suspended, 12 months suspended / restricted license, 6 months ignition interlock machine, 2 years good behavior. This result avoided a misdemeanor conviction for Reckless Driving and a traffic infraction for Failure to Carry Driver's License. It also provides for the dismissal of the Underage Possession of alcohol charge on the review date.

2 Charges: (1) Reckless Driving (Failure to Maintain Control, Accident). Result: Dismissed! (2) Failure to Drive on Right Side of Highway. Result: $200 fine.

Charge: Reckless Driving by Speed, 77/55. Result: Amended to Speeding, 74/55, $114.00 fine.

Charge: Reckless Driving by Speed, 88/60. Result: Amended to Speeding, 79/60, $114.00 fine.

2 Charges: (1) DUI - Result: ASAP, 12 months probation, $500 fine, 12 months suspended license, approved for Restricted License, No active jail. (2) Failure to Maintain Lane. Result: Dismissed.

Charge: Speeding in Work Zone (74/55). Result: Amended to Speeding (64/55), $63.00 fine. This result avoided the "work zone" label for insurance and DMV, reduced the DMV demerit points, and reduced the fine.

2 Charges: (1) DUI. Result: $250.00 fine, 180 days jail - all suspended, VASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Fleeing Law Enforcement. Result: Dismissed by nolle pros!

3 Charges: (1) Fail to Stop for Accident. Result: Dismissed by nolle pros. (2) Fail to Obey Lane Markings. Result: Dismissed by nolle pros. (3) Reckless Driving (Fail to Maintain Control). Result: Reckless Driving with 6 months jail - all suspended, no license suspension, no fine, 2 years good behavior.

Charge: Reckless Driving, 95/60. Result: Amended to Disregard Highway Sign, $75.00 fine.

Charge: Reckless Driving by Speed, 83/60. Result: Amended to Speeding, 79/60, $114 fine.

2 Charges: (1) Reckless Driving by Speed, 61/35. Result: Amended to Speeding, 49/35 with $84 fine. (2) Concealed Weapon misdemeanor. Result: 90 days jail - all suspended, Forfeit handgun, 2 years good behavior, No fine, Court costs.

Charge: Driving with Suspended License, 5th offense. Result: Amended to Driving Without a License. $100 fine plus court costs. This result amended the charge from a Class 1 Misdemeanor to a Class 2 Misdemeanor and avoided 10 mandatory days of jail and 90 days license suspension. The charge of Displaying Illegal inspection sticker was previously dismissed.

3 Charges: (1) Failure to Appear (class 1 misdemeanor) and (2) Failure to provide proof of insurance (class 2 misdemeanor). Result: Both were dismissed! This result avoided two misdemeanor convictions. A third misdemeanor of driving with a suspended license was previously amended to driving without a license.

Charge: Reckless Driving by Speed, 83/55. Result: Amended to Speeding, 20 mph over, $168.00 fine.

December

Charge: Speeding 74/60. Result: Dismissed!

Charge: Driving with Suspended License, 1st (class 1 misdemeanor). Result: Amended to Driving Without License in Possession (traffic infraction), $30.00 fine.

Charge: Reckless Driving by Speed, 107/55. Result: Amended to Speeding, 92/55, with $500 fine, 30 days license suspension without restricted license, No jail.

Charge: Speeding, 78/60. Dismissed with payment of court costs!

Charge: Probation violation due to convicted of 7th offense driving while suspended while on probation for 6th offense driving while suspended. Result: Charge was dismissed by nolle pros based on input from the probation officer. Client had been in full compliance other than the new suspended license charge.

2 Charges: (1) Driving While Revoked due to DUI. Result: Dismissed by nolle pros. (2) DUI 2nd in 5 years with 0.24 BAC. Result: $500 fine, ASAP, 3 years suspended license (eligible to apply for restricted after 1 year), Ignition interlock for 6 months, 90 days jail with 50 suspended, 40 mandatory days to serve. This result avoided the fine, court costs, and one year suspended driver's license of the Driving While Revoked charge and ensured the minimum sentence for the DUI.

Charge: Speeding 52/35. Result: Amended to Speeding 44/35, with $54.00 fine.

2 Charges: (1) Tinted License Plate Cover. Result: Dismissed. (2) Reckless Driving by Speed, 85/60. Result: Reckless Driving amended to Improper Driving with $78.00 fine.

3 Charges: (1) Reckless Driving by Speed (85/55). Result: Dismissed by Nolle pros. (2) Failure to Obey Highway Lane Marking. Result: Dismissed with Nolle pros. (3) DUI 2nd in 5 years with 0.10 BAC. Result: DUI sentence: $500 fine, ASAP, 3 years suspended license (eligible to apply for restricted after 1 year), Ignition interlock for 3 years, 60 days jail with 40 suspended, 20 mandatory days to serve - may apply to jail for either weekends or electronic monitoring. This result avoided the fines and costs of a misdemeanor and a traffic infraction while ensuring the minimum sentence for the DUI.

Charge: Reckless Driving by Speed, 70/45. Result: Amended to Speeding, 70/45, with $150 fine.

2 Charges: (1) Reckless Driving (accident). Result: Amended to Improper Driving, $100 fine. (2) No License in Possession. Result: $10 fine.

Charge: DUI 1st offense. Result: $500 fine with $250 suspended, ASAP, 90 days jail with 90 days suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.

4 Charges: (1) DUI 2nd in 5 years. Result: Amended to DUI 1st. (2) Refusal 2nd. Result: dismissed by nolle pros. (3) Leaving scene of accident. Result: Dismissed by nolle pros, (4) Fail to appear. Result: Not guilty. This outcome avoided three misdemeanors, 3 years license suspension for the refusal, and 20 days mandatory jail for the DUI 2nd. The sentence for the DUI 1st: ASAP, $250 fine, 6 months jail with all jail suspended, 12 months suspended license. Client did not apply for a restricted license.

Charge: Reckless Driving, 77/55, in Active Work Zone. Result: Amended to Speeding 69/55, $98 fine.

Charge: Speeding, 73/55 in Active Work Zone. Result: Amended to Speeding 64/55, $63 fine.

2 Charges: (1) DUI, 1st. Result: $500 fine with $250 suspended, 90 days jail, all suspended, complete ASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Reckless Driving (fail to maintain control, accident). Result: Dismissed.

3 Charges: (1) DUI 1st. Result: Complete ASAP, $250 fine, 12 months suspended / restricted license, 6 months ignition interlock, 180 days jail with 175 suspended (5 days mandatory to serve). (2) Reckless Driving. Result: Dismissed. (2) Wrong way on one-way street. Result: Dismissed.

Charge: Reckless Driving by Speed, 78/55. Result: Amended to Speeding, 64/55.

3 Charges: (1) DUI with elevated BAC. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 300 days jail with 270 suspended (15 days to serve with good time credit), $500.00 fine. (2) Refusal. Result: Dismissed. (3) Expired State Inspection. Result: Dismissed.

Charge: Speeding 60/35. Result: Amended to Speeding, 54/35.

Charge: Failure to Yield Right of Way (accident). Result: Court costs only, no fine. Judge considered that client has a CDL and held him to a higher standard.

February 21, 2017

Advocate committed to challenging drunk driving charges

I understand that good people can make mistakes. I strive to protect you by zealously representing your interests at every turn. I am knowledgeable about complex Virginia DUI laws and will analyze every aspect of your case — from the initial traffic stop to Breathalyzer or blood tests — to build your defense. I know what the prosecution needs to prove to obtain a conviction and I will challenge the evidence against you with the skill I have developed through more than 20 years of practicing law. I will work diligently to help you avoid or minimize the charges against you.

After your arrest:

1. Make sure you have copies of all of the papers you signed / received. You should have the following documents:

a. Summons or warrant for each charge
b. Recognizance form demonstrating terms of your release from custody.
c. Certificate of Blood Alcohol Analysis if you took a breath test.

2. Preserve your memory of the day of your arrest by immediately writing a summary of all you can remember about the events leading up to the time of your arrest and the circumstances of the arrest itself. Be sure to include the following information:

a. Location(s) where you were drinking along with times and the number and type of drinks.
b. Witness names and contact information.
c. Statements you made to police and statements by the police.
d. List of field sobriety tests with descriptions of the instructions and results.
e. Any medical issues you were experiencing at the time of the arrest.

Contact me today for a consultation.

If you have been arrested for DUI, you need a qualified defense attorney who has the knowledge and experience to help you. Call Mark Matney at Holcomb Law, PC, today at (757) 703-4556 or contact me online to schedule a phone conference or a meeting at my Newport News, Virginia office.

February 17, 2017

Penalties For DUI Conviction

Attorney Mark Matney – Holcomb Law, PC has put together this detailed document for Penalties For DUI Conviction in Virginia. Attorney Mark Matney 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) 703-4556 or Click Here to email Attorney Mark Matney 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.

December 21, 2016

Charged with Failure to Yield Right-of-Way (§ 46.2-863)?

The specific language of Virginia Code Section 46.2-863, Failure to Yield Right-of-Way, must be examined when defending against this charge.
If the location is not governed by a “Yield Right-of-Way” sign, then to achieve a conviction under this code section the Commonwealth must prove four specific elements:
1. The driver entered a “highway.”
2. The driver entered the highway “from a side road.”
3. The driver did not “bring his vehicle to a stop immediately before entering [the] highway.”
4. Traffic was approaching “within 500 feet” of the location where the driver was entering the highway.

Guilty of Charge?

The driver cannot be found guilty of the charge if any of the requirements is missing.
If the driver is not entering onto a highway or is approaching a highway sign, then a different code section may apply. For example, Virginia Code Section 46.2-864 governs reckless driving in a parking lot and Virginia Code Section 46.2-821 controls yielding when approaching a stop sign or yield sign on a highway.
If the driver stopped before proceeding, or if there is no witness to whether the defendant stopped before proceeding, then the evidence would be insufficient for a conviction.
It is also critical that the Commonwealth prove that the driver pulled out when another vehicle was within 500 feet. I recently argued a case in which the police officer demonstrated each of the first three requirements, but was unable to estimate the distance between the oncoming vehicle and the client’s vehicle at the time the client pulled onto the road. The judge dismissed the charge for lack of this essential evidence.

November 13, 2016

Resources

This resources center page has been provided by DUI Defense Attorney Mark Matney defends people in traffic court for speeding tickets, DWI, drunk driving, reckless driving, driving while suspended, speeding tickets. Attorney Mark Matney defends people in Williamsburg, Yorktown, Hampton, James City County. Please call the Attorney Mark Matney firm at (757) 703-4556 for a free review of your traffic infraction!

Find your Court House Here

Find your Ignition Interlock Provider Here

Find your Driver Improvement Course Here

Find your Speedometer Calibration Provider Here

Consult the list of Referral Attorneys Here

Find Counseling and Substance Abuse Treatment locations Here

Clients of Holcomb Law, PC, have received counseling and substance abuse treatment from the following programs. We welcome your input on these programs and your suggestions for providers of similar services.

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More About Attorney Mark Matney

The Lawyers at Holcomb Law PC in Newport News Virginia defend people against traffic violations. Attorney Mark Matney defends people in traffic court against reckless driving, speeding, expired registration, expired license, running a red light or stop sign, failure to wear a seat belt, DUI, DWI, driving without a license or with a suspended license, leaving the scene of an accident, hit-and-run accidents, passing a stopped school bus. Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry County, Toano.

November 5, 2016

Mark Matney - Holcomb Law

Mark Matney is an attorney at Holcomb Law in Newport News Virginia who's mission is to help you obtain the best possible result for your traffic-related case. Attorney Matney will answer your questions, coach you on trial preparations, and advocate for you on your trial date. Great results come from great preparation. Mark Matney (Virginia's Top Ranked Traffic Court Defense Lawyer) has offices in Newport News and Williamsburg, Virginia, but serves clients throughout Hampton Roads. He has the experience and the systems needed to prepare you and your case for the best outcome. Visit (Avvo Reviews) for testimonials of clients who were charged with reckless driving, DUI / DWI, speeding tickets, driving with a suspended license, driving without a license, hit-and-run, and other serious traffic charges. Our attorneys focus on the traffic courts in Newport News, Hampton, York County / Poquoson, Williamsburg and James City County and beyond. We defend everyone from high school students to our military.

DUI Defense Lawyer - Matney Law defends people in traffic court - Newport News VA

Introduction to the lawyers at Attorney Mark Matney - Holcomb Law, PC - Your DUI defense

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Amazing Representation

I hired Mr. Matney to represent me in court for a Reckless Driving charge. I was going 95 in a 65. The other five lawyers who I spoke to all essentially stopped listening to me after they heard my speed and were all but certain I was going to jail. Mr. Matney heard me out, and shot very straight saying there was a possibility I could go to jail, but there was also a chance I could avoid jail if I followed his plan. Mr. Matney gave me a clear plan of what to do and how we would defend my case. With Mr. Matney help, I was able to get my charged reduced a simple speeding, for 79 in a 65. I paid a $100 fine and did not have to go to jail. This was the best possible outcome. I would highly recommend Mr. Matney and his legal services.

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Mark Matthey was an awesome attorney
5.0 stars

Posted by Hannah
February 16, 2022
I had a reckless driving charge. Mark told me exactly what I needed to do and got my charged changed to a defective speedometer with no points on my license. I'd recommend him to anyone

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Excellent, Highly Recommended!
5.0 stars

Posted by anonymous
January 31, 2022
Mr. Matney worked with me, the public attorney, plaintiff, and judge to find a resolution that was not only reasonable but actually solved issues and concerns from both parties. The outcome was just as expected in terms of achieving desired goals from both parties. I highly recommend Mr. Matney as an attorney at law to anyone with Speeding and traffic ticket, DUI and DWI, Criminal defense cases.

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ATTORNEY ENDORSEMENTS

James DePasquale,
Relationship: Fellow lawyer in community

I endorse this lawyer. Mark Matney is a great attorney. When a family member of mine caught a reckless driving ticket in Virginia Mark was referred to us by a family friend. Mark did a great job helping my relative and in the end there was a great result. He is a wonderful person and a man of faith. He is hands down the best traffic/DUI attorney in the area. He knows the law and he knows the system. I would recommend no one else in Hampton Roads for a driving matter. I fully endorse Mark Matney.

DUI and Traffic Defense Attorney

DUI Attorney Mark Matney of Holcomb Law, will defend you throughout the Hampton Roads area of Virginia. The lawyers at Holcomb Law defend people in traffic court charged with DUI, DWI, Reckless Driving, and other driving related charges. They also help those who need to reinstate their licenses after habitual offender or felony DUI. We encourage you to read the reviews of former clients. They reflect our approach to helping you obtain the best possible result based on the facts of the charges you are facing. We give the time necessary to evaluate, research, and prepare for trial for your case. We involve you by recommending steps you can take to help us prepare and by discussing the strengths and weaknesses of the evidence with you. We will show you your rights and show you that there is hope.