DUI Defense Lawyer - Attorney Mark Matney defends people in traffic court - Newport News VA
DUI Defense Lawyer - Matney Law defends people in traffic court - Newport News VA
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Military Trusted
Traffic Court Attorney

DUI - Reckless Driving - Speeding - Traffic Court Defense Lawyer

Military Trusted Traffic Court Attorney

Military Trusted Traffic Court Attorney - Attorney Mark Matney of Newport News Virginia has been serving the military (Joint Base Langley-Eustis My Base Guide Business) in the Hampton Roads area of Virginia for over 15 years.  We provide Military and their spouses receive $250 discount on misdemeanor traffic charges (Request Your Discount Online).  Request a free case review.  Lawyer Mark Matney and his team focus on defending you in traffic court for charges ranging from DUI/DWI and speeding, reckless driving, to driving while suspended.  We specialize in traffic court defense.  Attorney Mark Matney serves the Hampton Roads area of Virginia, including Newport News, Hampton, Yorktown, Norfolk, Williamsburg, James City County, York County, New Kent County and Gloucester.

DUI Attorney Mark Matney - Attorney Mark Matney - Holcomb Law, PC - Newport News - Williamsburg
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Speeding & Reckless
Driving Defense

DUI/DWI Lawyer

DUI law can be complex and frustrating. With any other offense, you are innocent until proven guilty. But when you are facing a DUIDWI, or a drunk driving charge, the results of a blood or breath test render you presumed to be under the influence and in violation of the law.

Traffic Court Defense Attorneys - Attorney Mark Matney - Holcomb Law, PC - Newport News Virginia
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Your DUI/DWI
Defense Team

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(757) 703-4556

Reckless Driving & Speeding

Reckless Driving & Speeding violations can be complex to deal with in Virginia. Holcomb Law, PC knows you might be pulled over for speeding and expect to receive a simple ticket, only to discover that you are actually facing a misdemeanor charge for reckless driving that will appear on your criminal record.

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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

Charged with Reckless Driving?

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

I understand what it means to be charged with the misdemeanor of reckless driving. I was driving toward a tunnel in light traffic that was flowing smoothly when suddenly I realized that the car in front of me had made a complete stop. I applied the brakes, but had a rear end collision with the stopped car. The force of the impact caused my airbags to deploy, bruising my chest. The other driver was also injured. Police and emergency personnel arrived so quickly that I did not speak with the other driver, but I saw him with blood on his face as he went to the ambulance. When I spoke with the trooper I was crying, between the shock of the accident, the appearance of the injured driver and the pain in my own chest. The trooper was kind as he helped me handle the paperwork, arrange for the removal of my vehicle and alert my wife. Ultimately, the trooper gave me a summons for reckless driving with an accident.

Initially, I was concerned about the injury to the other driver and my own chest pain. After the shock subsided and the reassurance that my chest was only bruised, I started to worry about other things. How serious was the injury to the other driver? Did I have enough insurance for a major injury? (I learned that the blood that looked so bad at the accident scene was just a bloody nose and the personal injury claim was resolved before my court date). Would a misdemeanor conviction affect my license to practice law? (Not reckless driving).

Later, I had to face the court date. As I considered the approaching day, I felt both a sense of dread about the possibility of a bad outcome and a longing to have the whole incident behind me. On the court date, as I waited for my case to be called, I worried about how the judge would handle my case. When I was finally summoned to present my case, it felt uncomfortable telling my own story to the judge instead of being there to help someone else. The trooper in my case described the incident in a manner that led the judge to declare, “Mr. Matney, it seems the trooper does not think that I should find you guilty of reckless driving.” I replied, “I concur with the trooper your honor.” Ultimately, the judge dismissed the charge based on the combination of the trooper’s testimony, the driver improvement course and my clear driving record.

I understand the anxiety that comes with receiving a summons for reckless driving. That is why my staff and I come alongside our clients to help make the process as simple as possible. We assist our clients by rescheduling court dates, gathering documents and videos necessary for understanding and defending the charges, keeping them informed and ensuring that they know what to expect on their court dates. 

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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

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.

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
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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.

 

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

Attorney Mark Matney - DUI Lawyers - Traffic Court Attorneys - Williamsburg, Newport News, Hampton, YorktownReckless Driving by Speed, 43 in 30

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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This morning my client’s speeding case was dismissed! The officer was operating stationary Lidar (laser) in a 35 mph zone just past the point where the speed limit changed from 35 mph to 30 mph.

When I asked the officer for the certification for his lidar equipment, I found that he did not have a certificate that covered the date when my client was stopped. The Virginia Code provides that “no calibration or testing of such device shall be valid for longer than six months” (Sec. 46.2-882). The officer’s certificate must be dated during the six months preceding the date of the stop. It cannot be dated after the stop or more than six months before the stop.

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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

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

Mark Matney will defend you in traffic court against DUI - DWI - Speeding TicketsReckless Driving by Speed, 95 in 60

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Today in the General District Court my client was facing a charge of driving 35 mph over the speed limit. While we waited for our case to be called, we observed another person charged with the same speed. In that case, the judge sentenced the driver to a fine, license suspension, and an active jail sentence. On the Virginia Peninsula, judges consider jail beginning at 30 miles over the speed limit and at 90 mph regardless of the speed limit.

However, for my client, our preparations resulted in avoiding jail except for being held at the courthouse for about an hour. What was the difference between the two cases? Prior planning precludes poor performance! My client made a special effort to accomplish a standard driver improvement course, a reckless and aggressive driver education course, and a significant number of volunteer hours. My client’s preparation before court helped him avoid returning from out of town to serve time in jail.

Each case deserves special attention and a strategy that considers the unique combination of the person charged, the judge who will hear the case, the officer who brought the charge, and the charge itself.

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
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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.

 

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

I Welcome Your Comments

Guilty of Reckless Driving

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


Mark, why are you writing about someone who was found guilty of reckless driving? To warn you not to make matters worse when you see police lights!

My client was charged with reckless driving by speed at a speed where judges will often amend the charge from reckless driving to speeding. However, instead of stopping immediately for the state trooper, my client just kept driving. The trooper testified that he activated his lights for ¾ mile but my client kept driving, that he then activated his siren, but my client kept driving, that she stopped for a red light, but took off again when the light turned green, and that she then continued driving despite lights and sirens. Finally, my client stopped suddenly in the left lane. The trooper graciously refrained from charging my client with evading / eluding police or from arresting her at the scene and instead issued her a summons for Reckless Driving by speed. However, the judge was not impressed when my client had no explanation for the failure to respond to the trooper’s emergency equipment and refused to amend the charge from reckless driving.

If you see police lights, then you are required to yield. Move promptly to the right lane or shoulder to permit the police to pass you. If you realize the police lights are for you, then pull off of the road as soon as possible. You may proceed to a safe place to pull over if there is no shoulder or no light, but do it quickly and do not pass reasonable places to pull over.

Got a Speeding Ticket call Mark Matney at Holcomb Law PC

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You were going how fast?
Reckless Driving & Speeding Charge
Posted by Mark Matney of Holcomb Law, PC Newport News VA

www.matneylawpllc.com
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I traveled out of the local area in September to help someone who was charged with Reckless Driving at 90 in a 55 mph zone – that’s right, 35 mph over the limit. The officer suspected that my client was actually racing another driver. My client could have been more cooperative with the officer, but despite this we were able to avoid any active jail! In fact, he ended up with only a $100 fine to pay and 30 days loss of license. Amazing when you consider that many judges start putting people in jail at 30 mph hour and the maximum license suspension for reckless driving is 6 months!!

Another client in a local court received an amendment of her charge from Reckless Driving, 92 in a 70 mph zone, to Speeding at 10 mph over the limit. This result avoided the criminal misdemeanor conviction and reduced the DMV reporting period from 11 years to 5 years.

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

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

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

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Must be present for their court dates?

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

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

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

Reckless Driving to Speeding

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