Matney Law PLLC - Newport News Virginia - Traffic Court & DUI Attorney

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

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 Matney Law PLLC 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.

 

Not Guilty of Speeding, 43 in 30

Request An Appointment

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

Mark Matney

DUI - DWI Lawyer

Call Matney Law at
757-784-3507

[si-contact-form form='1']

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

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

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.

Reckless Driving by Speed, 95 in 60

Request An Appointment

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

Mark Matney

DUI - DWI Lawyer

Call Matney Law at
757-784-3507

[si-contact-form form='1']

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

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

 

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.

Reckless Driving in the Juvenile and Domestic Relations Court

DUI DWI defense attorney Abigail Hockett

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 Matney Law PLLC 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.

 

Guilty of Reckless Driving

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

I Welcome Your Comments

Guilty of Reckless Driving

Reckless Driving
Posted by Mark Matney of Matney Law PLLC 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.

You were going how fast?

Got a Speeding Ticket call Mark Matney at Matney Law PLLC

I Welcome Your Comments

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

www.matneylawpllc.com
________________________

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.

Do I have to come to court?

Lawyer Mark Matney of Matney Law PLLC - 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 Matney Law PLLC Newport News VA
www.matneylawpllc.com
__________________________________

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

I Welcome Your Comments

Must be present for their court dates?

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

Matney Law PLLC - DUI Attorney - Newport News VA

DUI Attorney Mark Matney - Matney Law PLLC - 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.

Today in Newport News

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

I Welcome Your Comments

Today in Newport News

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

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

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

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

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

DUI / DWI Defense Attorney

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

Local Counsel for Federal Civil Cases

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

  1. 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.

DWI Amended to Reckless Driving

DWI Amended to Reckless Driving

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

Today I was glad to help a client achieve an amendment from DWI 1st offense to Reckless Driving General.  This result avoided the DWI label while also helping the client avoid the ignition interlock and reduce the period of license suspension from 12 months to 6 months.

Each case involves its own set of circumstances and facts, so I cannot guarantee a particular outcome in a specific case.  In some recent DWI cases the charges associated with the DWI case were dismissed and/or reduced without an amendment of the DWI itself.  However, three other recent DWI clients in the past two weeks received amendments of their DWI charges.  Two clients charged with DWI 2nd offense had their cases reduced to DWI 1st offense and another client received an amendment from a DWI with an elevated 0.20 blood alcohol level to the standard blood alcohol level of below 0.15.

Traffic Violations

The Lawyers at Matney Law PLLC in Newport News Virginia defend people against traffic violations.  The Matney Law firm 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. Matney Law PLLC 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.

Call 757-784-3507

I Welcome Your Comments

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.