Attorney Mark Matney - Holcomb Law, PC - Traffic Court Attorney - Newport News Virginia
DUI - DWI Defense Lawyer - Attorney Mark Matney - Holcomb Law, PC - Newport News & Hampton Roads Virginia
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Attorney Mark Matney Awards - Traffic Court Defense Lawyer Newport News

Attorney Mark Matney Awards - Traffic Court Defense Lawyer Newport News

Attorney Mark Matney - Holcomb Law, PC - Member of DUI Defense Lawyers Association

Newport News DUI - DWI Defense Lawyer

"Newport News DUI - DWI Defense Lawyer" - Attorney Mark Matney - Holcomb Law of Newport News, Virginia will help you defend against the charge of DUI / DWI in the Newport News courts. I will guide you through the process so that you will know what to expect in each phase of your case.

Your case will begin in the Newport News General District Court. The initial court date will be for your arraignment. This is simply the day when the judge ensures that you understand the charge brought by the police officer and advises you that you have a right to represent yourself or to have the assistance of a lawyer. The right to a lawyer attaches to your case because DUI, like any class 1 misdemeanor, involves the possibility of a jail sentence. When you tell the judge that you want a lawyer, the judge will schedule a check attorney date about two weeks later. If you hire a lawyer before the initial court appearance or before the check attorney date, then your lawyer will contact the court’s clerk to schedule a trial date and you will not have to appear in court again until the trial date.

My preparation strategy is based on the idea of “no stone left unturned.” I will obtain information about your case from three sources:
(1) The Newport News Commonwealth Attorney’s (CA) office will provide me with access to your file so that I can read the officer’s notes and any additional documents that have been provided to the assigned prosecutor. The prosecutor will also give me access to the police officer’s body camera videos. I will provide you with my notes from the file and video reviews.

(2) If you took a breath test, my staff will download the Department of Forensic Science (DFS) report with details about the breath machine and the specifics of your breath test. If you submitted a blood sample, then DFS will provide a certificate with the BAC (blood alcohol concentration). You will also have the right to an independent analysis of your blood sample.

(3) I will ask you to complete a questionnaire. This document provides me with your memory of the events related to the arrest. It is also a tool for you to inform me of any medical issues that could have affected your appearance, field testing or breath testing.

The Newport News General District Court is located at 2500 Washington Avenue, Newport News, Virginia. The clerk’s office is situated on the second floor of the court building. Their main number is 757-926-8876. The four judges of the Newport News General District Court are judges Hoffman, Mullen, Saunders and Stein. They rotate courtrooms each month so that no judge sits in the same courtroom two months in a row.

DUI hearings in the Newport News General District Court are scheduled on Mondays and Tuesdays at 9:30 am and are held in traffic courtrooms B and C.
Mark R. Matney

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Lawyer Mark Matney of Matney Law PLLC - Newport News Virginia - DUI and Traffic Court Lawyer

Mark Matney

DUI - DWI Lawyer

Call Attorney Mark Matney at
(757) 703-4556

Monday Morning Money Minute

Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
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Monday Morning Money Minute

Budget is not a 4 letter word! Maybe 10% of us are so disciplined that we don’t need a budget and perhaps 10% have enough income to spend what they want. Everyone else needs a budget. It doesn’t seem like it at first, but a budget frees you to spend money. What?! Once you know your income and expenses, you can allocate money for recreation without worrying. In a nutshell, the steps for a budget are: Determine your total monthly income and expenses, subtract your expenses from your income, assign your income dollars to your expenses, and keep track. You may find that you need to increase your income or cut your expenses to achieve a balanced budget. A book like Your Money or Your Life can help you focus your money on what is really important to you.

Request An Appointment

Lawyer Mark Matney of Matney Law PLLC - Newport News Virginia - DUI and Traffic Court Lawyer

Mark Matney

DUI - DWI Lawyer

Call Attorney Mark Matney at
(757) 703-4556

Successfully Challenging Radar Certificates

Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
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Successfully Challenging Radar Certificates

In the past week, I have had two cases where the police officer was unable to show accuracy of his radar. So they were both dismissed, right? Wrong. Sometimes, even when the officer cannot prove accuracy of the equipment, the case is not dismissed.


In the first case, my client was charged with reckless driving by speed, 81/55 (26 mph over the limit). In that case the officer seemed upset when I asked him for his calibration record and then provided a certificate for a calibration that was performed after my client was stopped. To demonstrate accuracy at the time of the stop, the certificate must be dated during the six-month period before the stop. When I told the judge that I challenged the calibration certificate and explained the reason, the judge granted my motion to dismiss.


For the second case, with a different judge, my client’s summons was for reckless driving by speed, 97/65 (32 mph over the limit). This case involved a cordial trooper who shared all of his documents and discussed them with me. We found that he had certificates that were too recent and a certificate that was too old, but he did not have one for the six-month period before the date he stopped my client. The judge agreed with my challenge to the certificate, but said that he would not dismiss the case since the speed was so high. I argued that without the certificate the trooper could only establish speeding and not reckless driving by speed since he could not show that my client was driving more than 20 mph over the limit or over 85 mph (the two grounds for reckless by speed). The judge told me I could appeal and ruled reckless driving. The sentence was more lenient and did not include the jail time he was giving to drivers with similar speeds, but it was not the result I wanted after successfully challenging the radar.


Although I believe that the second judge was incorrect in finding my client guilty of reckless driving, he was right about her right to appeal. She now has a second opportunity to avoid the criminal misdemeanor.

Attorney Mark Matney - Holcomb Law, PC - Traffic Court Attorney - Newport News Virginia
  • 2021 Case Results

2021 Case Results

This is a listing of the 2021 Case Results handled by Holcomb Law, PC  Our attorneys serve the Hampton Roads area of Virginia with the top traffic court defense attorneys in the area.

Disclaimer for Case Results

I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2021 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.

Note:  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.

JANUARY

•  Hampton GDC -  Charge:  Reckless Driving by Speed, 85/60.  Result:  Amended to Speeding, 69/60 with $54.00 fine, plus court costs.
•  Chesapeake GDC – Charge:  Reckless Driving by Speed, 107/60 (47 mph). Result:  Guilty, $252.00 fine, 4 days jail (one weekend to serve after good time credit).  Appealed to Circuit Court.
•  Chesapeake GDC - 3 Charges: (1) Improper Use of Dealer Plates (misdemeanor).  Result:  Dismissed Improper Use of Dealer Plates!  (2) Operating Unlicensed Motor Vehicle.  Result: Dismissed!  (3) Reckless Driving by Speed, 88/60.  Guilty with $168.00 fine.  Appealed to Circuit Court.
•  Williamsburg GDC - Charge:  Speeding, 40/25.  Result:  Amended to Defective Speedometer, with $90.00 fine plus costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 51/25.  Result:  Amended to Defective Equipment with $100.00 fine, plus court costs.
•  NEWPORT NEWS Circuit Court - Charge:  Speeding, 40/25.  Result:  Amended to Defective Equipment, with $250.00 fine and court costs.
•  Williamsburg Circuit Court - Charge:  Reckless Driving by Speed, 81/45 (36 mph).  Result:  Guilty of Reckless Driving by speed with $500.00 fine, plus court costs, 30 days restricted license, no jail.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 94/65.  Result:  Judge continued for client to perform more volunteering.  Judge will consider amendment to Speeding below 20 mph.
•  Newport News GDC – Charge:  Marijuana Possession.  Result:  Civil violation with $25.00 fine plus court costs.
•  Newport News GDC -  Charge:  Reckless Driving with Accident.  Result:  Dismissed Reckless Driving with payment of costs of $91.00.
•  Newport News GDC -  Charge:  Driving Without a License (class 2 misdemeanor).  Result:  Amended to No License in Possession, a traffic infraction, with $10.00 fine plus court costs. 
•  Newport News GDC - Charge:  Reckless Driving by Speed, 90/65.  Result:  Amended to Speeding, 20+ mph, with $250.00 fine plus court costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 77/35.  Result:  Amended to Improper Driving with $250.00 fine, plus costs.
•  Newport News GDC - Charge:  Speed, 43/25.  Result:  Dismissed Speeding! 
•  Hampton GDC - Charge:  Reckless Handling of Firearm.  Result:  Guilty. Sentencing:  90 days jail - all suspended; 2 years good behavior; forfeit the handgun; $101.00 court costs (no fine); complete a gun safety course within 12 months.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 87/65.  Result:  Amended to Speeding, 87/65, with fine of $250.00 and court costs. 
•  Newport News GDC - Charge:  Improper Lane Change (Accident).  Result:  Dismissed Improper Lane Change with accident!
•  Newport News GDC - Charge:  DUI / DWI, 1st, with elevated 0.18 BAC.  Result:  Guilty of DUI / DWI as charged and sentenced to: $250.00 fine; 180 day jail - 175 suspended - weekends permitted; 12 months suspended/restricted license; 6 months ignition interlock.  Filed Appeal to Circuit Court.
•  Newport News GDC - Charge:  Following Too closely, Accident.  Result:  Dismissed Following Too Closely with accident, No fine, $76.00 court costs.
•  Newport News GDC - Charge:  Improper Stop on Highway.  Result:  Dismissed Improper Stop on Highway!
•  Newport News GDC - Charge:  Driving with Suspended License (class 1 misdemeanor).  Result:  Amended to Driving Without License (class 2 misdemeanor).  Appealed to Circuit Court to pursue amendment to traffic infraction.
•  Newport News Circuit Court - 2 Charges: (1) Review of Marijuana 1st Offender Program; (2) Failure to Appear.  Result:  Dismissed Marijuana Possession and dismissed Failure to Appear!
•  Newport News GDC - Charge:  Reckless Driving by Speed, 58/35, (23 mph).  Result:  Amended to Speeding, 49/35 (14 mph), fine of $80.00, plus costs.  Appealed to Circuit Court.
•  Newport News GDC -  Charge:  Reckless Driving by Speed, 68/45 (23 mph over).  Result:  Dismissed Reckless Driving with court costs. 
•  Newport News GDC - Charge:  Reckless Driving by Speed, 69/45 (24 mph over).  Result: Dismissed Reckless Driving with court costs.
•  Newport News GDC - Charge:  Speeding, 54/35 (19 mph over).  Result:  Amended to Defective Equipment, with $70.00 fine, plus costs.
•  Newport News GDC - 2 Charges: (1) Reckless Driving by Speed, 86/65 (21 mph over). Result:  Amended too Speeding, 74/65 (9mph over), $250.00 fine, plus costs. (2) Not Wearing Seatbelt. Result:  Dismissed!
•  Newport News GDC - 2 Charges:  (1) Speeding, 54/35 (19 Mph over).  Result:  Amended to Defective Speedometer, with $250.00 fine plus court costs.  (2) Driving Without License  (Class 2 Misdemeanor).  Result:  Amended to No License in Possession (traffic infraction), with $10.00 fine and court costs.
•  York GDC – Charge:  DUI / DWI, 1st offense, 0.08 BAC.  Result:  Amended from DUI / DWI to Reckless Driving, General.  Sentence:  $500.00 fine with $250.00 suspended; 90 days jail - all suspended; ASAP; 2 years good behavior; 6 months restricted license, no ignition interlock required.
•  York GDC - Charge:  Speeding, 54/40 (14 mph over).  Result:  Amended to Defective Speedometer, with $84.00 fine, plus court costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 66/45.  Result:  Amended to Speeding, 20 mph over, with $250.00 fine, plus court costs.
•  Newport News GDC -  Charge:  Speeding, 50/35.  Result:  Dismissed Speeding!

FEBRUARY

•  Newport News GDC - Charge:  Reckless Driving General.  Result:  Dismissed Reckless Driving!
•  Hampton Circuit Court - Charge:  DUI / DWI, 1st, 0.16 elevated BAC.  Result:  Amended to DUI / DWI, 1st, standard BAC.  Sentence: (1) Complete ASAP; (2) $500.00 fine with $250.00 suspended, plus court costs; (3) 30 days jail with 10 days suspended; (4) 2 years good behavior; (5) 12 months suspended license - eligible for restricted license.
•  Newport News GDC - Charge:  Following Too Closely - Accident.  Result:  Amended to Defective Brakes.
•  Isle of Wight GDC - 3 Charges:  Speeding, 71/55.  Result: Dismissed Speeding!  (2) Failure to Obey Highway Lane Markings.  Result:  Dismissed Failure to Obey Highway Lane Markings!  (3) DUI / DWI, 1st Offense, 0.19 elevated BAC.  Sentence:  (1) Complete ASAP - equivalent program in home state; (2) $250.00 fine; (3) 12 months suspension of privilege to drive in VA; (4) 24 months good behavior; (5) 30 days jail - 25 days suspended, with electronic monitoring.  
•  Newport News GDC -  Charge:  Failure to Obtain Registration.  Result:  Dismissed Failure to Obtain Registration!
•  Isle of Wight GDC - Charge:  Reckless Driving by Speed, 64/35 (29 mph over). Result:  Amended to Speeding, 54/35 (19 mph over), $180.00 fine, plus court costs. 
•  Chesapeake GDC – 3 Charges:  (1) Destruction of Property; (2) Elude Police; (3) Reckless Driving 125 mph in 60 mph zone.  Dismissed the Felony Destruction of Property charge and the other charges were certified to the Circuit Court.
•  Suffolk GDC - Charge:  DUI / DWI, 1st, elevated BAC (0.18).  Result:  Amended to DUI / DWI, 1st, standard BAC, avoiding 5 days mandatory minimum jail.  Complete ASAP, $250 fine, 12 months suspended / restricted license.
•  York GDC - 4 Charges:  (1) DUI / DWI, 1st.  Result:  $500.00 fine with $250.00 suspended, plus court costs of $186.00; VASAP, 12 months suspended license; all jail suspended; 2 years good behavior.  (2) No Driver's License.  Result:  Guilty, $100.00 fine, plus court costs of $30.00; (3) Refusal. Result: Dismissed Refusal!; (4) Reckless Driving General.  Result:  Dismissed Reckless Driving.
•  Isle of Wight - Charge:  Speeding, 70/55 (15 mph over).  Result:  Amended to Defective Speedometer, with $90.00 fine and court costs.
•  Newport News Circuit Court - 2 Charges: (1) Felony DUI / DWI, 3rd offense.  Result:  Sentenced to 5 years of jail with 4 years and 9 months suspended for a period of 5 years.  The three remaining months are the mandatory minimum sentence. Driver’s license suspended for an indefinite period of time.  Eligible to apply for a restricted license after three years. (2)  Hit and Run.  Sentenced to 6 months jail will all of the time suspended.  No fine imposed for this charge. (3)  For both charges the period of Good Behavior is 5 years.
•  Newport News Circuit Court - Charge:  Driving with Suspended License (Class 1 misdemeanor).  Result:  Amended to:  Driving Without a License (Class 2 misdemeanor), with $150.00 fine.
•  Newport News Circuit Court – Charge: DUI / DWI, 1st, no BAC.  Result:  Complete ASAP; $250.00 fine, plus court costs; 180 days jail - all suspended; 12 months suspended license with 12 months ignition interlock; one year good behavior. 
•  Williamsburg GDC - Charge:  Speeding, 41/25 (16 mph over).  Result:  Dismissed Speeding!
•  Williamsburg GDC - Charge:  Fail to Update Operator's License.  Result:  Dismissed Fail to Update Operator’s License!
•  Suffolk GDC - Charge:  Reckless Driving General,  SP 89/60.  Result:  Amended to Improper Driving, $100.00 fine with $50.00 suspended, plus court costs.
•  Newport News GDC - Charge:  Driving Without a License - Class One Misdemeanor.  Result:  Amended to Driving Without Driver's License in Possession (traffic infraction) with $10 fine.
•  York GDC - 2 Charges:  Reckless Driving by Speed, 105/65 (40 mph over).  Result:  Guilty of Reckless Driving, $400.00 fine, plus court costs; 6 months suspended/restricted license; 30 days jail with 26 days suspended. 2 years good behavior.  (2) Failure to Appear.  Result:  Guilty with $50.00 fine, plus court costs
•  Newport News GDC - Charge:  Speeding, 53/25 (28 mph over).  Result:  Dismissed Speeding!
•  Northampton GDC - 2 Charges:  (1) Reckless Driving by Speed, 75/55.  Result:  Amended to Improper Driving, with fine of $120.00, plus court costs.  (2) Improperly Mounted Plates.  Result:  Dismissed Improperly Mounted Plates.
•  New Kent GDC - Charge:  Speeding, 64/45 (19 mph over).  Result:  Amended to Defective Equipment with $75.00 fine, plus costs.

MARCH

•  Newport News GDC - Charge:  Reckless Driving by Speed, 63/35 (30 mph over).  Result:  Amended to Speeding, 44/35 (9 mph over).
•  Newport News GDC - Charge:  Reckless Driving by Speed, 69/45 (24 mph over).  Result:  Amended to Speeding, 54/45 (9 mph over).  $250 fine plus court costs.
•  York Circuit Court - Charge:  Reckless Driving by Speed, 70/45.  Result:  Amended to Improper Driving, with $250.00 fine plus costs.
•  Williamsburg GDC - 3 Charges:  (1)  DUI / DWI, 1st (elevated BAC 0.21); Result:  $500.00 fine, 12 months jail - 10 months suspended (one month to serve after good time credit), 12 months suspended license/restricted License, ASAP; (2) Reckless Driving Failure to Obey Highway Lane Markings.  Result:  Dismissed by Nolle Pros; (3) Reckless Driving Fail to Maintain Control.  Result:  Dismissed by Nolle.
•  Williamsburg. Circuit Court - Charge:  Felony Hit and Run / Fail to Stop at Accident.  Result:  Amended to misdemeanor with fine and court costs of $292.00; 12 months jail with 11 months 20 days suspended (5 days to serve after good time credit).
•  Surry GDC - Charge:  Speed, 58/45 (13 mph over).  Result:  Amended to Defective Equipment with $78.00 fine, plus court costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 80/45.  Result:  Amended to Speeding, 54/45, with $250.00 fine, plus court costs.
•  New Kent GDC - Charge:  Reckless Driving by Speed, 91/70.  Result:  Amended to Speeding with $100.00 fine, plus court costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 90/65. Results:  Amended to Speeding with $250.00 fine, plus court costs of $91.00.
•  York GDC - Charge:  Reckless Driving by Speed, 58/35 (23 mph over).  Result: $300.00 fine plus costs, and 30 days suspended license.  Severe result due to lack of cooperation with the police.
•  Gloucester GDC - 3 Charges:  (1) DUI / DWI, 1st, no BAC, with minor in the vehicle.  Result:  90 days jail - 85 days jail suspended; $1,000 fine with $250.00 suspended; complete ASAP; 3 years good behavior; 12 months suspended license with restricted license - 12 months with ignition interlock and no other requirements.  (2) Refusal, 1st.  Result: Dismissed.  (3) Speeding, 56/45.  Result: Dismissed.
•  Newport News GDC -  Charge:  Following Too Closely (accident).  Result:  Dismissed Following Too Closely!
•  Norfolk GDC - 2 Charges:  (1) DUI / DWI 1st, 0.14 BAC; (2) Improperly stopped on Highway.    Result:  Dismissed DUI / DWI!  Dismissed Improperly Stopped on Highway!
•  New Kent Circuit Court - Petition for Restoration of Driving Privilege.  Result:  Petition Granted.  The judge entered Orders Restoring Driving Privileges and Removing Ignition Interlock Requirement.
•  Newport News GDC - Charge:  Speeding, 84/65.  Result:  Amended to Defective Speedometer, with $200 fine plus court costs.
•  Newport News GDC - Charge: DUI / DWI, 2nd within 5 years. Trial on not guilty plea with legal argument challenging the prior DUI / DUI order.  Judge denied amendment to 1st Offense but amended to 2nd in 5-10 years.  Sentence: $1,000 fine; complete ASAP; 180 days of jail - 160 days suspended to serve on weekends; 3 years suspended license - eligible for restricted license after 4 months.  (The amendment of the charge avoided 10 days of jail and reduced the time before eligible for a restricted license from 12 months to 4 months).
•  Newport News GDC - Charge:  DUI / DWI, 1st, elevated BAC (0.21).  Result:  Amended to DUI / DUI, 1st, standard BAC.  Sentence:  $250.00 fine; 12 months suspended/restricted license; 6 months ignition interlock; complete ASAP; 180 days jail - all suspended.  The amendment of the charge avoided ten days mandatory minimum jail.
•  Newport News GDC - Charge:  DUI / DWI, 1st, elevated BAC (0.15).  Not Guilty Plea with argument over BAC.  Defense called the Breath Test Operator as witness and argued for standard BAC.  Judge denied the challenge to the BAC.  Result:  Complete ASAP; $250.00 fine; 12 months Suspended License - did not apply for Restricted License; 180 days jail - 175 days suspended - 5 days to serve on weekends.
•  Newport News Circuit Court - Petition for Restoration of Driving Privilege after Declared Habitual Offender.  Result:  The Judge granted full Restoration of Driving Privileges without any requirements of a restricted license or review period.  This ended client's status as an habitual offender and qualified him to proceed to DMV to reinstate his driver's license.
•  Isle of Wight - 2 Charges: (1) Following Too Closely.  Result:  Dismissed Following Too Closely!  (2) Fail to have Vehicle Inspected.  Result:  Fine of $25.00, plus court costs.
•  Chesapeake Circuit Court - Charge:  Reckless Driving by Speed, 88/60.  Result:  Amended to Speeding, 79/60, with $114.00 fine, plus costs.
•  Newport News GDC - 2 Charges:  (1) Assault and Battery; (2) Destruction of Property.  Result:  Dismissed Assault and Dismissed Destruction of Property!
•  Newport News GDC - Charge:  Felony - Obtain Money by False Pretenses.  Result:  Dismissed Felony Obtain Money by False Pretenses with payment of restitution.
•  Williamsburg GDC - Charge: Reckless General.  Result:  Amended to Improper Driving, with $200.00, plus costs.
•  Norfolk GDC - Charge:  Damage to Property.  Result: Dismissed Damage to Property!
•  Caroline County GDC - Charge:  Fail to Obey Highway Sign.  Result:  Dismissed Fail to Obey Highway Sign!
•  Newport News GDC - Charge:  Reckless Driving by Speed, 94/65.  Result:  Dismissed Reckless Driving!
•  Newport News GDC - 2 Charges:  (1)  DUI / DWI, 1st.  Result:  DUI / DWI amended to Reckless Driving General; $250.00 fine; ASAP, 6 months suspended license; 180 days jail with 178 days suspended. This result avoided the DUI / DUI, the ignition interlock requirement, and 6 additional months of a restricted license. (2) Improper Lane Change:  Result:  Dismissed by Nolle Pros.
•  Hampton GDC – 3 Charges:  (1) DUI / DWI, 2nd in 5 years.  Result:  Guilty, Complete ASAP; 3 years license suspension, eligible for restricted license after 12 months, $500.00 fine and $50.00 to Trauma Fund; 6 months jail with all but 20 days suspended, leaving 20 mandatory days.  (2) and (3) Dismissed Refusal, 2nd and Dismissed Reckless Driving.

APRIL

•  Williamsburg Circuit Court - Charge: Reckless Driving by Speed, 55/25.  Result:  Amended to Speeding, 44/25, with $250.00 fine and costs.
•  Williamsburg Circuit Court - Charge:  DUI / DWI, 1st. Result: $250.00 fine, 12 months jail with 6 months suspended (3 months to serve); ASAP; 12 months suspended license.  Severe sentence due to accident, elevated BAC and client’s criminal record.
•  Newport News GDC – 2 Charges:  DUI / DWI.  Result:  Sentence:  $250.00 fine, ASAP, 12 months suspended/restricted license; 6 months ignition interlock; 180 days jail with 175 days suspended, 1 year good behavior.  (2) Improper Lane Change.  Result:  Dismissed.
•  King William Circuit Court - Charge:  Reckless Driving by Speed, 70/35.  Result:  $450.00 fine; 90 days suspended / restricted license; no jail sentence.
•  Newport News Circuit Court - Charge:  Reckless Driving by Speed, 52/25.  Result:  Amended to Fail to Obey Highway Sign, with $30.00 fine and costs.
•  Williamsburg / James City County GDC - Charge:  ASAP Show Cause.  Result:  Dismissed ASAP Show Cause!
•  King & Queen GDC - 4 Charges: (1) Speeding, 48/35.  Result: Amended to Improper Equipment, with $100.00 fine, plus court costs; (2) Expired Registration.  Result:  Dismissed with court costs; (3) Expired State Inspection.  Result:  Dismissed with court costs; (4) Failure to Display License Plate.  Result:  Dismissed!
•  York GDC - Charge:  Fail to Yield Right of Way - Accident.  Result:  Dismissed Fail to Yield Right of Way!
•  Williamsburg GDC - 2 Charges:  (1) Driving with Suspended License (Class 1 Misdemeanor).  Result:  Amended to Driving Without License (Class 2 Misdemeanor).  This result avoided 90 days license suspension.  Pay $10.00 fine and costs of $101.00. (2)  Fail to Obey Highway Markings (Accident). Result:  Dismissed!
•  Norfolk GDC - Charge:  Reckless Driving by Speed, 95/55 (40 mph over).  Result:  Guilty of Reckless Driving, with $240.00 fine, 90 days jail with 80 days suspended leaving 5 days to serve after good time behavior applied, 12 months good behavior.
•  Isle of Wight GDC - Charge:  Reckless Driving by Speed, 75/55.  Result:  Dismissed Reckless Driving!
•  Williamsburg GDC - Charge:  Reckless Driving by Speed, 51/25 (26 mph over).  Result:  Amended to Speeding, 44/25, with $100.00 fine and costs.
•  Chesapeake GDC - Charge:  Reckless Driving by Speed, 100/55 (45 mph over).  Result:  Fine of $270.00, plus court costs.  No jail or license suspension.
•  Chesapeake GDC - Charge:  Reckless Driving by Speed, 82/60 (22 mph over).  Result:  Amended to Speeding, 79/60, with fine of $114.00 and costs.
•  Newport News Circuit Court - Charge:  Fail to Obey Lane Markings.  Result:  Guilty of the original charge.  Judge declined to amend due to client's -6 DMV transcript.
•  Newport News Circuit Court - Charge:  Fail to Obey Highway Sign.  Result:  Amended to Defective Equipment, with fine of $30.00 and court costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 95/65 (30 mph over).  Result:  Amended to Improper Driving with $250.00 fine, plus court costs.
•  Newport News Circuit Court - 2 Charges:  (1)  DUI / DWI, 2nd in 5 years.  Result:  Jail: 365 days with 335 suspended, so 25 days to serve less credit for time served.  Permitted to serve jail on weekends; $500.00 fine plus $50.00 Trauma Fund; ASAP; 3 years suspended license.  (2) Driving Without Ignition Interlock.  Result:  180 days jail, all time suspended, $250.00 fine, plus court costs.
•  Gloucester GDC - Charge:  Reckless Driving by Speed, 69/45.  Result:  Amended to Defective Equipment with $150.00 fine, plus costs.
•  Charge: Speeding, 81/65.  Result:  Amended to Defective Equipment, with $50.00 fine, plus costs.
•  York GDC - 2 Charges:  (1) Speeding, 81/65.  Result:  Amended to Defective Equipment, with $250.00 fine, plus court costs of $66.00. (2) Expired Registration.  Result: Dismissed, with cou2rt costs of $15.00.
•  Williamsburg GDC - 2 Charges:  (1) Speeding, 38/25.  Result:  Dismissed by Nolle Pros.  (2)  Driving Outside of Restrictions.  Result:  Amended to Driving with Suspended License.  This amendment avoided 12 months mandatory license suspension.
•  Williamsburg Circuit Court - Charge:  Speeding, 43/25, (18 mph over).  Result:  Amended to Defective Speedometer with $250.00 fine, plus court costs.
•  Williamsburg GDC - Charge:  Reckless Driving by Speeding, 48/25.  Result:  Amended to Speeding, 48/25, with $250.00 fine, plus court costs.
•  Williamsburg GDC - Charge:  Reckless Driving by Speed, 70/45.  Result:  Guilty with $500.00 fine, plus court costs.  Appealed to Circuit Court.
•  Williamsburg GDC - Charge:  Reckless Driving by Speed, 65/35.  Result:  Amended to Improper Driving, with fine of $500.00, plus court costs.

MAY

•  Newport News GDC - Charge:  Reckless Driving by Speed, 65/35 (30 mph over).  Result:  Amended to Improper Driving, with $50.00 fine and court costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 70/45 (25 mph over).  Result:  Amended to Improper Driving, with $50.00 fine and courts costs.
•  2 Charges: (1)  DUI / DWI, 1st, 0.16 BAC.  Result:  DUI / DWI Dismissed!  (2)  Failure to Appear.  Result:  Dismissed Failure to Appear!
•  Newport News GDC -  Charge:  Reckless Driving by Speed, 93/45.  Result:  Amended to Defective Speedometer, with $250.00 fine and court costs.
•  Newport News GDC – 2 Charges:  (1) DUI / DWI 2nd in 5 years, 0.13 BAC.  Result:  Sentence:  ASAP; $500.00 fine plus costs; 365 days jail with 345 days suspended - 20 mandatory days to serve. 3 years license suspension; eligible for restricted license after 1 year; 3 years good behavior.  (2) Fail to Obey Highway Sign.  Result:  Dismissed.
•  Newport News GDC – 4 Charges:  (1) DUI / DWI, 1st.  Result: DUI Sentence:  ASAP, $250.00 fine, plus court costs; 180 days jail - all suspended; 12 months suspended/restricted license; one year good behavior; 12 months ignition interlock requirement with no other restrictions. (2) Refusal.  Result:  Dismissed. (3) Fail to Maintain Control. Result:  Dismissed.  (4) Obstruction of Justice.  Result:  Sentence:  180 days jail - all jail suspended.
•  York GDC - 2 Charges:  (1) Reckless Driving by Speed, 96/55.  Result:  Guilty.  Sentence:  $500.00 fine, 30 days jail - 10 suspended, 6 months license suspension - restricted after 30 days; 2 years good behavior.  (2) Reckless Driving by Passing on Crest or Curve.  Result:  ( Guilty) Sentence:  $300.00 fine, 30 days jail - 10 suspended, 6 months suspended/restricted license; 2 years good behavior.  Appealed both charges to Circuit Court.
•  Hampton GDC - Charge:  Reckless Driving by Speed, 101/65.  Result:  Guilty of Reckless Driving.  Sentence:  Weekend jail, suspension of license for 30 days.  Client appealed to Circuit Court.
•  Newport News GDC - Charge:  Reckless by Speed, 69/45.  Results: Amended to Speeding, 69/45, $144.00 fine, plus court costs.
•  USDC Newport News - Charge:  Reckless Driving by Speed, 43/20.  Result:  Amended to Speeding, 39/20, with $125.00 fine, plus $5.00 special assessment.
•  Hampton General District Court - Charge:  Operating Vehicle While Holding Cell Phone.  Results:  Guilty.  Appealed to Circuit Court.
•  Newport News GDC - 4 Charges:  DUI / DWI, 1st, 0.15 BAC.  Result:  DUI Sentence:  $250.00 fine; ASAP, 180 days jail with 175 suspended - 5 days mandatory, 12 months suspended/restricted license; 6 months ignition interlock.  Result:  All three remaining charges Dismissed:  Concealed Weapon While Intoxicated, Speeding, 60/45, and Fail to Obey Highway Lane Markings.  Firearm returned to client.
•  Newport News GDC - 3 Charges:  (1)  DUI / DWI, 1st, 0.13 BAC.  Sentence:  ASAP; $250.00 fine, plus court costs; 12 months suspended/restricted license, with ignition interlock as the only restriction; 180 days jail - all suspended; 12 months good behavior. (2) Open Container. (3) Fail to Obey Highway Markings. Both these charges dismissed by Nolle Pros.
•  Newport News GDC Newport News GDC - 2 Charges: (1) DUI / DWI, 1st, 0.20 BAC.  Sentence: $250.00 fine, ASAP (temporary indigency for ASAP fee); 12 months suspended/restricted license; 6 months ignition interlock; 180 days jail - 175 suspended (5 days mandatory to serve on weekends).  (2) Reckless Driving - Fail to Maintain Control.  Result: Dismissed.
•  Newport News GDC -  Charge:  Speeding, 47/35 in Enhanced Penalty Zone.  Result:  Amended to Defective Speedometer, $250.00 fine, plus court costs.
•  Newport News GDC - Charge:  Possession of Marijuana with Intent to Distribute. (Class 1 Misdemeanor).  Result:  Amended to Simple Possession of Marijuana (Civil Penalty), with $25.00 court costs.
•  Hampton GDC- Charge:  Reckless Driving by Driving Too Fast for Highway and Traffic Conditions.  Result:  Not Guilty of Reckless Driving.
•  Isle of Wight GDC - Charge:  Reckless Driving by Speed, 88/35 (53 mph over limit).  Result:  Guilty of Reckless Driving.  Sentence: $500.00 fine with $250.00 suspended; 12 months good behavior; 5 days jail - 4 days suspended leaving one overnight to serve.  No license Suspension.
•  Isle of Wight GDC -  2 Charges:  Reckless Driving by Speed, 70/45 (25 mph over).  Result:  Not Guilty of Reckless Driving by Speed.  (2) Driving Without a License.  Sentence:  $50.00 fine, plus $99.00 costs.
•  Henrico General District Court –  Charge:  Speeding, 75/60 (15 mph).  Result:  Amended to Speeding, 69/60 (9 mph over), with $100.00 fine, plus court costs.
•  New Kent GDC - Charge:  Reckless Driving by Speed, 76/55.  Result:  Amended to Speeding, 65/55, with fine of $125.00, plus court costs.
•  New Kent County GDC - 2 Charges:  (1) Reckless Driving by Speed, 76/55.  Result:  Amended to Speeding 64/55, with $125.00 fine, plus court costs. (2) No Driver's License (class 2 misdemeanor).  Result: Amended to Fail to Carry License (traffic infraction) with fine of $10.00, plus court costs of $71.00.
•  Hampton GDC - 3 Charges:  (1) Expired Registration.  Result:  Dismissed with $15.00 court costs.  (2) No Driver's License in Possession.  Result:  Dismissed with $66.00 court costs.  (3) Reckless Driving - Racing.  Result:  Guilty, $200.00 fine, no jail or license suspension.  Appealed Racing charge to Circuit Court.  
•  Hampton GDC - Charge:  Improper Lane Change.  Result:  Dismissed Improper Lane Change!
•  Newport News Circuit Court - Charge: Driving with Suspended License (class 1 misdemeanor).  Result: Amended to Fail to Carry License (traffic infraction) with fine of $10.00, plus court costs of $161.00.
•  Newport News Circuit Court - Charge:  Driving With Suspended License.  Result:  Dismissed Driving With Suspended License!
•  Newport News Circuit Court -  Charge:  Speeding 62/45.  Result: Amended to Speeding, 54/45 (9 mph over).
•  Newport News Circuit Court - 2 Charges (1) Reckless Driving – Fail to maintain control.  Result:  Amended to Improper Driving with fine of $250.00 and court costs.  (2) Speeding, 70/55.  Result:  Fine of $80.00 and court costs.
•  York GDC - 4 Charges:  (1) DUI / DWI, 2nd in 5 years.  Result:  Amended to 1st Offense; $500.00 fine, $250.00 suspended; ASAP, 2 years good behavior, 90 days jail - all suspended, 12 months suspended/restricted license.  (2) Suspended License (class 1 Misdemeanor).  Result:  Amended to class 2 Misdemeanor, which avoided 90 days license suspension), $50.00 fine.  (3) Result:  The two remaining charges were dismissed:  Impeding Traffic and Refusal, 2nd offense.
•  Newport News GDC - Charge:  Speeding, 45/25 (20 mph over).  Result:  Amended to Defective Speedometer, with $30.00 fine and court costs.
•  Newport News GDC - 2 Charges:  (1) Reckless Driving by Speed, 112/65 (47 mph over).  Result:  Dismissed Reckless Driving!  (22)  Failure to Appear.  Result:  Dismissed Failure to Appear!
•  Newport News GDC - Charge:  Fail to Stop Entering Highway.  Result:  Dismissed Fail to Stop Entering Highway with payment of court costs.
•  Newport News GDC - 2 Charges:  (1)  DUI / DWI, 1st, 0.22 BAC.  Result:  Amended to reduce the BAC to 0.20 BAC.  This result reduced the mandatory jail from 10 days to 5 days; $250.00 fine; ASAP, 12 months suspended/restricted license; 6 months ignition interlock; 180 days jail with 175 days suspended; 5 days mandatory jail to serve weekends.  (2) Fail to Obey Highway Lane Markings.  Result:  Dismissed by Nolle Pros.
•  New Kent GDC - Charge:  Reckless Driving by Speed, 89/70.  Result:  Amended to Speeding, 79/70, with $125.00 fine plus court costs.
•  Newport News Circuit Court - Charge:  DUI / DWI, 1st, 0.18 BAC.  Result:  Sentencing:  $250.00 fine; ASAP; 12 months suspended/restricted license; 6 months ignition interlock, 180 days jail - 175 days suspended; 5 days mandatory – weekends.

JUNE

•  Newport News GDC - 2 Charges:  (1) Reckless Driving General - Accident.  Amended to Improper Driving with $75.00 fine plus court costs.  (2) Open Container.  Result:  Dismissed Open Container!
•  Newport News Circuit Court - Charge:  Driving with Suspended License (Class 1 Misdemeanor) Result:  Amended to Driving Without License in Possession, with $10.00 fine plus costs.
•  Newport News Circuit Court - Charge:  Reckless Driving by Speed, 94/65.  Result:  Dismissed Reckless Driving!
•  Hampton GDC.  Charge:  Speeding, 76/60.  Result:  Amended to Speeding, 69/60, with fine of $54.00, plus court costs.
•  Newport News GDC - Charge:  Reckless Driving by Speed, 104/60 (44 mph).  Result: $250 fine; 30 days jail with 20 days suspended, leaving 5 days to serve after good time credit.
•  Newport News JDR - Charge:  Fail to Obey Highway Sign.  Result: Dismissed Fail to Obey Highway Sign!
•  Williamsburg GDC - 4 Charges: DUI / DWI 2nd in 5 years, Open Container (misdemeanor), Driving Uninsured Vehicle (misdemeanor), Following Too Closely (traffic infraction). Result:  Three charges dismissed by nolle pros: Open Container, Driving Uninsured Vehicle, Following Too Closely.  DUI / DWI Charge amended from 2nd offense to 1st offense.  Sentence: Complete ASAP, $500 fine, 12 months suspended driver's license (eligible to apply for a restricted license), 180 days jail with 145 days suspended, 2 years good behavior.
•  York GDC - 2 Charges:  (1) Driving Without a License.  Result:  Dismissed Driving Without a License!  (2) Reckless Driving by Speed, 86/65.  Result:  Amended to Speeding, 84/65, with $150.00 fine, plus costs.
•  York GDC -  Charge:  Reckless Driving by Speed, 92/65.  Result:  Amended to Speeding, 84/65, with fine of $250.00, plus court costs.
•  Newport News GDC - 3 Charges:  Two ASAP Violations - Tampering with Ignition Interlock.  Result:  Dismissed both ASAP Violations!  (3) Failure to Appear.  Result:  Dismissed Failure to Appear!
•  Newport News GDC - Result:  Amended to Speeding, 84/65, with $250.00 fine, plus costs.
•  Newport News GDC - Charge:  DUI / DWI, 1st, 0.15 elevated BAC.  Result:  $250.00 fine; complete ASAP; 180 days jail - 175 days suspended, leaving only 5 days mandatory to serve on weekends; 12 months suspended/restricted license with 6 months ignition interlock required.
•  Newport News GDC -  Charge:  Reckless Driving with Accident.  Result:  Dismissed Reckless Driving!
•  Newport News Circuit Court - Case:  License Restoration Petition.  Result:  Case continued for client to complete DMV requirements and 6 months ignition interlock.  Renewed his Restricted License.
•  Chesapeake GDC -  3 Charges:  (1) Suspended License, 3rd offense, (2) Fictitious License Plates, (3) Improper Turn.   Result:  Dismissed Suspended License 3rd offense, Dismissed Fictitious License Plates, Dismissed Improper Turn!
•  Norfolk GDC - 2 Charges:  (1) Improper Use of Tags. Result:  Dismissed Improper Use of Tags! (2) Failure to Secure Registration.  Result:  Guilty with $25.00, plus $69.00 costs.
•  Henrico GDC - Charge:  Reckless Driving by Speed, 82/55.  Result:  Amended to Speeding (15-19 over).
•  Newport News GDC - 2 Charges:  (1) DUI / DWI, 1st, 0.10 BAC.  Sentence:  Complete ASAP; 180 days jail - all suspended; $250.00 fine, plus court costs; 12 months suspended license; ignition interlock requirement for 12 months with no other restrictions.  (2) Reckless Driving with Accident.  Result:  Dismissed Reckless Driving!
•  Newport News GDC - 3 Charges:  (1) DUI / DWI, 1st, (2) Reckless Driving General, (3) No Registration.  Result:  DUI / DWI, 1st Dismissed and No Registration Dismissed!  Result: Reckless Driving sentence: $250.00 fine and costs; 6 months suspended/restricted license - without ignition interlock; 180 days jail - all suspended (no active jail time).
•  Newport News GDC - 3 Charges: (1) DUI / DWI, 2nd in 10 years.  Result:  DUI Sentence:  Complete ASAP; $500.00 fine, plus court costs; 3 years suspended license.  Eligible for Restricted License after 4 months; 10 days mandatory jail - all other jail suspended.  Result:  Dismissed Driving Without License and Driving without Headlights!
•  Williamsburg Circuit Court - Charge:  Reckless Driving by Speed, 70/45.  Result:  Amended to Improper Driving with $300.00 fine and costs.
•  New Kent Circuit Court - Charge:  Reckless Driving by Speed, 95/70 (25 mph over).  Result:  Guilty of Reckless Driving by Speed, with $500.00 fine, plus court costs.  No jail or license suspension.

Traffic Court Defense Attorneys - Attorney Mark Matney - Holcomb Law, PC - Newport News Virginia
Traffic Court Defense Attorneys - Attorney Mark Matney - Holcomb Law, PC - Newport News Virginia
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Ignition Interlock Providers

If you are required to have an ignition interlock machine installed due to a DUI conviction, you will need to contact one of these providers.

Ignition Interlock Providers

If you are required to have an ignition interlock machine due to a DUI conviction, then it must be installed before you begin driving with your restricted license. Holcomb Law, PC, regularly receives discount coupons from the local ignition interlock providers. Please visit our office or contact a staff member to receive coupons.

Please note that you must complete at least six months without any violations in order to have the ignition interlock removed from your vehicle.

Alcolock VA
Website: www.alcolockva.com
Phone: (877) 859-4782

LifeSafer
Website: www.lifesafer.com
Phone: (866) 202-3381

Draeger, Inc.
Website: www.draeger.com/en-us_us/Ignition-Interlock
Phone: (800) 332-6858

Smart Start, Inc.
Website: www.smartstartinc.com
Phone: (800) 880-3394

Intoxalock
Website: www.intoxalock.com/virginia
Phone: (804) 381-4774

Attorney Mark Matney - Holcomb Law, PC - Traffic Court Attorney - Newport News Virginia
  • Attorney Mark Matney Case Results

Case Results

Attorney Mark Matney of Newport News Virginia has compiled and extensive list of case results going back to 2015 for your review.  The traffic court defense team at Holcomb Law has defended thousands of cases in traffic court including DUI and DWI, failure to yield, speeding, etc.  So please think of the lawyers at Holcomb Law when you require a defense attorney.

  • Put the Lawyers at Holcomb Law to Work For You!
DUI Attorney Mark Matney - Attorney Mark Matney - Holcomb Law, PC - Newport News - Williamsburg
  • Community Service - Volunteer Opportunities

Volunteer Opportunities

Attorney Mark Matney - Holcomb Law, PC has put together a list of organizations that regularly accept our clients as volunteers and are familiar with the letter we want them to provide you for court.

Community Knights, Newport News, VA

Assist with a Bingo fundraiser that supports local charities.

Wednesday evenings and Sunday afternoons.

Call Tammy Rodriguez at 757-932-8440

Website: https://communityknights.org

THRIVE Peninsula, Newport News VA

Call 757-877-6211 x2 or email [email protected]

Opportunities include cleaning the outreach center, packing donated shoes, helping at the front desk and assisting with the food pantry.

Website: https://www.thrivepeninsula.org

Dreams of Hope Foundation, Newport News, VA

Call Betty Dent, Volunteer Coordinator, at 757-806-6339

Volunteers help the program with their mission of assisting families with clothing and transportation. Dreams of Hope also operates a re-entry program for convicted felons.

Website: https://www.dreamsofhopefoundation.org

Williamsburg House of Mercy, Williamsburg, VA

Call Ellen at 757-229-3700 or email [email protected]

Provides homeless shelter and soup kitchen. Volunteers are especially needed for their food pantry. (Must be at least age 18.)

Website: https://www.williamsburghouseofmercy.org

Breaking the Cycle 757, Williamsburg, VA

Call DonQuitta Clements at 757-837-6330

Numerous opportunities. They will match your interests with a project. Breaking the Cycle 57 empowers children to live longer, thriving lives and to unlock the transformative power of generational wealth by instigating a cultural shift. Through innovative programs and advocacy, we strive to reshape mindsets, championing a future where every child has the opportunity to thrive and prosper. 

Their website is: https://breakthecycle757.org/

 

Other Volunteer Listings
Volunteerpeninsula.org
Volunteerhr.org
Networkpeninsula.org/volunteer-net/
Volunteermatch.org

I Welcome Your Comments

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

Mark Matney

DUI & Traffic Court Lawyer

Reckless Driving, 37 MPH Over The Limit, Amended to Speeding

Reckless Driving Amended to Speeding
Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
__________________________________

If you were charged with Reckless Driving by Speed at 72 mph in a 35 mph zone, would you prefer an amendment to Speeding or a conviction with a weekend of jail?  Today in court I represented the first driver.  When you go to court, it is like a job interview in the sense that you only get one chance to make a first impression.

My client, charged with reckless driving, 72 in 35, helped me prepare for court by completing the driver improvement course and arranging for the necessary witness.  At court, I spoke with the law enforcement officer and reviewed the situation with him.  When we presented our case, I was able to inform the court that my client stopped immediately for the officer and was cooperative throughout the encounter.  Additionally, I pointed out that the officer did not object to the amendment of the charge.  I then helped my client explain his side and what he learned from being charged and completing a driver improvement course.  Finally, we presented my client’s clear driving history and the testimony of a witness who spoke on his behalf.

The judge amended the charge from the criminal misdemeanor of Reckless Driving to the traffic infraction of Speeding.  He noted that he considered the officer’s input, the testimony of the character witness, and my client’s driving history, driver improvement course and acknowledgement of responsibility.

On the other hand, I observed a driver who was charged with Reckless Driving by Speed at 70 mph in a 35 mph zone.  That driver was found guilty and sentenced to two days of jail.  Despite the lower speed he received a more severe result.  What was the difference?  The other driver did not prepare effectively for his day in court.  He did not present that the officer was willing for the charge to be amended, nor did he present a driver improvement course or any other mitigating factors.

Sometimes the judges decide that the speed is too high and they do not amend despite all of our preparations.  However, by planning in advance we can obtain the best result based on the facts and circumstances.

 

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

Mark Matney

DUI & Traffic Court Lawyer

I Welcome Your Comments

Dismissal of Brandishing a Firearm

Defending against a charge of brandishing a firearm requires carefully evaluating the language of the Virginia Code and comparing it to the facts and circumstances of the case.  The brandishing code section applies whenever someone points or handles a firearm in a manner that reasonably induces “fear in the mind of another.”  There is a exception for self-defense.  In our case, my client was charged with brandishing a firearm by the police officer who arrived and saw him pointing a gun at his friend.  At the trial, the friend was not called as a witness.  After cross-examining the police officer and questioning two neutral witnesses, it became clear that the person who the gun was pointed toward had been asked to leave the property twice and that one of the witnesses had actually escorted him from the property.  It was also evident that he supposed victim had continued to advance toward my client despite being told to stop and to leave the property.  The officer and the witnesses did not provide any statements that indicated that the gun had actually “induce[d] fear in the mind of another of being shot or injured.”  In fact, the continued advancing toward the weapon showed that he was not afraid.  Other factors that the judge considered were the intoxication of the supposed victim and that my client was the one who had called the police.  Brandishing is not to be taken lightly, but this charge can be successfully defended by analyzing the facts and challenging whether the officer or prosecutor has proven the elements set forth in the Virginia Code.

Virginia Code § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

Matney Law PLLC - DUI - DWI Lawyer - Traffic Court Attorney - Williamsburg - Newport News - Hampton Roads Virginia

Abigail Hockett

Associate Attorney at Matney Law PLLC

I Welcome Your Comments

Reckless Driving in the Juvenile and Domestic Relations Court

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

Two recent cases demonstrate that extra preparation by minors can have an extraordinary impact on their cases. The two clients, both age 17 when they were stopped, were charged with reckless driving at speeds over 100 mph. I have seen Circuit Court judges on the Peninsula sentence minors to active jail time at these speeds. However, both of these clients had their cases dismissed. No reporting to DMV, no demerit points, no misdemeanor convictions, no insurance rate adjustments, no suspended licenses, no jail. The charges were outright dismissed.

For the first case, the young lady was placed on house arrest with an ankle bracelet pending the trial date. She was only permitted to leave her home to go to school and work and was not permitted to drive for most of the pretrial period. In addition to all of these complications, she volunteered many hours of community service before her court date. After court she had to avoid any new violations pending a review date. The second client, a young man, completed two driver improvement classes and volunteered before court. After the court hearing the judge required a significant number of additional community service hours and the avoidance of any new charges before his review date.

These clients helped me and my associate attorney, Abigail Hockett, to achieve the best possible results by following our preparation instructions and then exceeding the judge’s expectations before their review dates.