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

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

Disclaimer for Case Results

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

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

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

Comment for Case Results

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

January

Charge: Reckless Driving by Speed, 78/55. Result: Amended to Improper Driving with $125 fine.
Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 69/60, $250 fine.
Charge: Reckless Driving by Speed. 75/55. Result: Amended to Defective Speedometer, $50.00 fine.
2 Charges: Reckless Driving by Speed & Improper Tint. Results: (1) Reckless Driving by Speed, 86/70 – To be amended to Improper Driving on review date if completes driver improvement course and pays $175.00 fine. (2) Operating with Tint/Signs/Decals Windows – Dismissed by Nolle Prosequi.
2 Charges: (1) Reckless Driving by Speed, 86/60. Result: Amended to Speeding, 85/60, $250.00 fine. (2) Unsafe Lane Change. Result: $30.00 fine.
3 Charges: DWI with Minors in the Vehicle, Refusal, Reckless Driving. Results: (1) Refusal. Dismissed by Nolle Pros. (2) Reckless Driving. Dismissed. (3) DWI with Minors in the Vehicle. Sentence: $500 fine (mandatory minimum), Complete ASAP, 12 months suspended / restricted license, 6 months ignition interlock, approved to drive employer’s vehicle for work without ignition interlock, 180 days jail with 175 days suspended (5 days jail to serve). This result avoided the one year license suspension of a refusal charge and ten additional days of jail from two additional minors being present in the car.
Charge: DWI 1st. Sentence: Complete ASAP, $500 fine with $250 suspended, 365 days jail – all suspended, 12 months suspended license with restricted license, 6 months ignition interlock requirement. This result accomplished the minimum sentence permitted by the Virginia Code.
Charges: DWI 1st & Reckless Driving. Result: Reckless Driving dismissed. DWI sentence: Complete ASAP, $500 fine with $250 suspended, 6 months jail – all suspended, 12 months suspended license with restricted license, 6 months ignition interlock requirement, one year good behavior. This result accomplished the minimum sentence permitted by the Virginia Code.
2 Charges: (1) Suspended License 2nd offense. Result: Dismissed! (2) Failure to Obey Stop Sign. Result: Dismissed!
Charge: Reckless Driving by Speed, 93/60. Result: Amended to Speeding 79/60, $250.00 fine.

2 Charges: (1) Driving with Suspended License, 4th offense. Result: Amended to Driving without a license with $50 fine. (2) Failure to Display Front License Plate. Result: $20 fine. This result amended the suspended license charge from a class 1 misdemeanor to a class 2 misdemeanor, avoided a minimum of 10 days of jail, and avoided 90 days license suspension.
Charge: Reckless Driving with Accident. Result: Amended to Improper Driving with $50 fine.
3 Charges: DWI 2nd in 5 years, Reckless Driving, Driving Without a License. Results: (1) Reckless Driving. Dismissed. (2) Driving Without a License. Dismissed by nolle pros. (3) DWI 2nd in 5 years. Result: $500.00 fine, ASAP, $50.00 Trauma Fund, three years suspended license, 3 years good behavior, 365 days jail with 345 suspended (20 days mandatory to serve on weekends).
Charge: Speeding 74/55. Result: Amended to Defective Equipment, $25.00 fine.

February

2 charges: DWI 2nd in 5 years & Show Cause for Failure to Appear. Results: (1) DWI 2nd in 5 years. Agreement with prosecutor to the mandatory minimum sentence for the DWI charge. This avoided risk of jury trial demanded by the judge. Sentence: Complete ASAP, $1,000 fine, 3 years suspended license (eligible for restricted license after 1 year), 3 years good behavior, 180 days jail with 150 days suspended (30 days mandatory jail to serve on weekends).
Charge: Reckless Driving by Speed, 87/60. Result: Amended to Speeding, 79/60, with $114 fine.
Charge: Reckless Driving / Exceeding safe speed for road conditions. Result: Amended to Improper Driving with $30 fine.
Charge: DWI 2nd in 5 years. Sentence: $1,000 fine with $500 suspended, 365 days jail with 325 suspended, 36 months suspended license with eligibility for restricted license after 12 months, ASAP. This case involved advancing the court date to avoid a potential felony due to the client having another pending DUI in another court at the same time. Despite the prosecutor being aware of the other pending DUI, the result limited the sentence to the mandatory minimum permitted by the Virginia Code for a second offense except for 5 additional days of jail.
5 Charges: (1) DWI 2nd in 5-10 years, (2) Reckless Driving, (3) Refusal 2nd, (4) Open Container, (5) Impede Traffic. Results: Dismissed Reckless Driving. Dismissed by Nolle pros: Refusal 2nd, Open container, Impede traffic. DWI sentence: ASAP, $500 fine, 365 days jail with 353 days suspended (10 mandatory and two discretionary days), Jail sentence to be served on weekends, three years good behavior, 3 years suspended/restricted license, 6 months ignition interlock when apply for restricted license. This result avoided convictions, fines, costs, and license suspension associated with four of the charges and ensured the minimum sentence for the DWI except for one extra overnight of jail.
3 Charges: (1) DWI 1st, (2) Reckless Driving (accident), (3) Fail to Yield. Result: Dismissed Reckless Driving and Fail to Yield. DWI sentence: ASAP, $250 fine, 180 days jail – all suspended, one year good behavior, 12 months suspended/restricted license, 6 months ignition interlock.
Charge: Speeding, 80/60. Result: Dismissed without court costs. Officer did not have calibration records.
2 Charges: (1) DWI 2nd within 5 years (elevated BAC), (2) Reckless Driving. Result: Amended DWI 2nd within 5 years to DWI 2nd within 5-10 years and Dismissed Reckless Driving. DWI Sentence: $1000 fine with $500 suspended, Complete ASAP, 3 years suspended license, eligible for restricted license after 4 months, 6 months ignition interlock requirement when obtains restricted license, 3 years good behavior, 6 months jail with 5 months suspended – this leaves 30 days to serve on weekends. The amendment reduced the waiting period for a restricted license from 12 months to 4 months.
Charge: Reckless Driving – Fail to Maintain Control (accident). Result: Amended to Improper Driving with $200 fine.
Charge: Improper Backing (accident). Result: Judge noted that he was in a difficult position but found that he was at fault. Guilty of Improper Backing, but judge waived fine and only required court costs ($66.00).
Charge: Reckless Driving by Speed, 92/60. Result: Guilty of RD, $172 fine, 15 days suspended license, 2 days jail with delayed report. Client appealed to Circuit Court.
2 Charges: DWI (elevated BAC) & Open Container. Result: Open Container dismissed by Nolle pros. DWI amended from 0.22 BAC (10 days mandatory jail) to 0.20 BAC (5 days mandatory jail). Sentence: Complete ASAP, $500 fine with $250 suspended, 12 months suspended license with restricted license granted, 6 months ignition interlock, 2 years good behavior, 90 days jail with 82 days suspended (only 6 days to serve with credits).
Charge: Reckless Driving, Fail to maintain proper control (accident). Result: Amended to Improper Driving with $75 fine.
Charge: Speeding, 52/35. Result: Amended to defective equipment with $25 fine. This result avoided 4 DMV demerit points and is not considered a moving violation for insurance.
Charge: Reckless Driving by Speed, 90/60. Result: Dismissed!
Charge: Driving without Headlights (Accident). Result: Judge ruled evidence sufficient for guilty, but amended to defective equipment with $50.00 fine. Avoided demerit points.
Charge: DWI 1st. Result: ASAP, Eligible to apply for restricted License, 6 months interlock if applies for Restricted License, 365 days jail – all suspended, 12 months good behavior, $500.00 fine with $250 suspended.
Charge: Reckless Driving by Speed, 86/70. Result: Amended to Speeding.
Charge: Speeding, 77/55. Result: Amended to Improper Driving with $160 fine.
Charge: Two ASAP show cause violations. Result: Guilty of the ASAP violations, but judge did not impose any penalty. No jail, fine, or community service. The judge reinstated client into the ASAP program and placed client on good behavior for three years.
Charge: DWI 1st with elevated BAC (0.15). Result: Amended to standard BAC (0.08 – 0.14). Sentence: ASAP, $250 fine, 12 months suspended license with restricted license, 6 months ignition interlock requirement, 60 days jail with 55 days suspended, 2 years good behavior. This result reduced the active jail sentence by changing the 5 days of jail from mandatory time to discretionary time.

March

Charge: Reckless Driving by Speed, 88/70. Result: Amended to Improper Driving with $400 fine.
Charge: Shoplifting (grand larceny) – Felony. Result: Dismissed by Nolle Pros!
2 Charges: (1) DWI 2nd within 5 years with elevated BAC, (2) Reckless Driving (failure to maintain control). Result: Amended the DWI 2nd to DWI 1st and dismissed the Reckless Driving by nolle pros. DWI sentence: Complete ASAP, $500 fine with $250 suspended, 12 months suspended license, eligible for restricted license immediately but did not apply due to relocating, 90 days jail with 60 days suspended (18 days to serve after good time credit). The amendment of the DWI reduced the fine by $250, reduced the license suspension from three years to one year, reduced the jail from 30 days minimum to 18 days, and avoided a one year delay before eligible for a restricted license. The result also avoided a conviction, fine and costs for the reckless driving charge.
Charge: DWI first with elevated BAC. Result: Complete ASAP, $500 fine with $250 suspended, 180 days with 175 days suspended (5 days mandatory to serve on weekends), 12 months suspended license with restricted license. This result ensured the mandatory minimum sentence permitted under the Virginia Code.
2 Charges: (1) Failure to Obey Highway Sign. Result: Dismissed with payment of court costs! (2) Speeding 74/55. Result: Amended to Speeding 64/55 with $54 fine.
Charge: Reckless Driving (failure to yield right of way). Result: Dismissed.
Charge: Reckless Driving by Speed, 94/70. Result: Guilty with $500 fine. No jail or license suspension.
Charge: Reckless Driving by Speed (69/45). Result: Amended to Speeding (64/45) with $114.00 fine.
Charge: Driving without a License. Result: Dismissed.
Charge: Public Intoxication. Result: Dismissed with payment of court costs.
Charge: Reckless Driving by Speed, 95/70. Result: Convicted of Reckless Driving. $500 fine, 30 days jail with all jail suspended. This result avoided an active jail sentence and license suspension.
2 Charges: (1) DWI, 1st, elevated 0.26 BAC. Result: Amended to Standard BAC, 1st Offense. Sentence: ASAP, 30 days jail – all suspended, $500 fine/$250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior. (2) Reckless Driving General. Result: Dismissed. The amendment of the BAC avoided 10 days mandatory minimum jail.
Charge: DWI, 1st. Result: Amended to Reckless Driving General. $500 fine with $250 suspended, 30 days jail – all suspended, ASAP, 2 years good behavior, 6 months suspended/restricted license.
Charge: Reckless Driving by Speed 92/70. Result: Withheld finding (juvenile court). Charge to be amended or dismissed on review date if client complies with conditions: (1) pay court costs; (2) 25 hours community service; (3) Provide proof of completing high school; (4) No new violations.
Charge: Driving with suspended license (4th offense). Result: Dismissed!
Charge: Reckless Driving/General. Result: Amended to Driving Wrong Way, $100.00 fine.
Charge: Failure to signal. Result: Dismissed!
4 Charges: (1) Driving with suspended license. Result: Amended from 3rd offense to 2nd, 5 days jail to serve on weekends, 90 days license suspension; (2) Red Light Violation. Result: $50 fine; (3) No proof of insurance. Result: Dismissed with court costs, (4) Driving without license in possession. Result: Dismissed with court costs. This result achieved dismissals of two of the charges and avoided 5 days of jail.
Charge: DWI 1st (0.11 BAC). Result: Not Guilty! This result was achieved at trial based on a legal argument that excluded the breath certificate and discrepancies between the video and the officer’s testimony and notes.
Charge: Public Intoxication. Result: Dismissed with payment of court costs!
Charge: Speeding 49/25. Result: Amended to Speeding 39/25, $84.00 fine.
Charge: Reckless Driving by Speed 82/70. Result: Guilty, $100.00 fine. Avoided jail and license Suspension. This is not a typical result for this speed so I encouraged an appeal.
Charge: Driving with suspended license (class 1 misdemeanor). Result: Amended to Driving without a license (class 2 misdemeanor) with $100 fine. This result avoided 90 days of license suspension.
3 Charges: DWI, Refusal, Impede Traffic. Two charges dismissed by Nolle Pros: Refusal and Impede Traffic. Third charge: DWI 1st (no BAC). Result: ASAP, 30 days jail – all suspended, $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.
Charge: Reckless Driving, Speed 103/60. Result: Deferred for one year. Client must complete an Aggressive Driving Course and have no new violations. Judge did not promise a specific result if client complies with the conditions.
2 Charges: (1) Reckless Driving by Speed, 83/60. Result: Amended to Speeding 79/60, $114 fine. (2) Suspended License, 5th offense. Result: Amended to Driving Without a License, $100 fine. This result avoided the misdemeanor for reckless driving and reduced the driving with suspended license charge from a class 1 misdemeanor to a class 2 misdemeanor. Amending the license charge avoided 90 days license suspension and 10 days mandatory minimum jail.
3 Charges: (1) Driving While Suspended, 5th offense (class 1 misdemeanor). Result: Amended to no license in possession (traffic infraction) with $10.00 fine. (2) Counterfeit Inspection Sticker. Result: $100 fine. (3) Display License Plate on another vehicle. Result: $50 fine. This result avoided the misdemeanor (30 days jail, 90 days license suspension) and DMV demerit points for the Driving While Suspended charge. The total fine for the three charges was reduced from $700 to $160 as compared to the client’s General District Court result.
Charge: DWI, 1st. Result: Complete ASAP, $500 fine with $250 suspended, 90 days jail – all suspended, 12 months suspended license with restricted license, Ignition interlock machine – may petition for removal after 6 months. This result ensured the minimum sentence permitted by the Virginia Code.
5 Charges: Felony Extortion and 4 Misdemeanors: (1) Harassment by Computer; (2) Unlawful Dissemination of Image (Count One); (3) Unlawful Dissemination of Image (Count Two); (4) Cause Telephone to Ring With Intent to Annoy. Result: Two charges Dismissed by Nolle Pros: Felony Extortion and Cause Telephone to Ring With Intent to Annoy. Sentenced for the three remaining charges: (1) 10 hours Community Service, (2) 4 months jail, all suspended, (3) No contact with victim, (4) 3 years good behavior, (5) Complete assessment and follow any recommended treatment or counseling. This result avoided the felony and one of the misdemeanors with no fines and no active jail.

April

Charge: Fail to Obey Highway Lane Markings (Accident). Result: Dismissed!
Charge: Speeding 69/60. Result: Amended to Defective Equipment with $90 fine. This result avoided demerit points.
Charge: Reckless Driving by Speed, 83/60. Result: Amended to speeding 69/60, $54.00 fine.
Charge: Reckless Driving (too fast for conditions) (accident). Result: Dismissed!
Charge: Reckless Driving by Speed, 79/45. Result: $500.00 fine and court costs of $101.00.
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding 79/60 with $114 fine.
Charge: Driving Without a License, 4th Offense. Result: Judge continued for six months for client to try to become licensed before the judge decides the case.
Charge: Reckless Driving – general. Result: Amended to Improper Driving with $75.00 fine.
Charge: Speeding, 45/25. Result: Dismissed!
Charge: Reckless Driving by Speed 56/35. Result: Amended to Speeding 15-19 mph over limit, $250 fine.
3 Charges: DWI, Refusal, Speeding. Result: Dismissed Refusal and Speeding 52/35. DWI Result: $500 fine with $250 suspended, ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 24 hours community service, and letter of apology to the officer.
Charge: Reckless Driving by Speed, 65/35. Result: Amended to speeding, 54/35, $114 fine.
Charge: Reckless Driving by Speed, 84/60. Result: Amended to Improper Driving, $138 fine.
Charge: Reckless Driving by Speed, 88/60. Result: Amended to Improper Driving, $168 fine.
Charge: Reckless Driving by Speed, 83/55. Result: Amended to speeding, 74/55, $140 fine.
Charge: Reckless Driving by Speed, 83/65. Result: Amended to speeding, 74/65, $54 fine.
Charge: Speeding 79/60. Result: Dismissed with payment of court costs!
Charge: Driving with Suspended License. Result: Continued for client to obtain license.
3 Charges: (1) Driving without License (1st offense). (2) Following too closely. (3) No Liability Insurance. Result: All 3 charges dismissed!
Charge: Reckless Driving by Speed (83/70). Result: Amended to No Demerit Point violation with $130 fine.
2 Charges: DWI and Refusal. (1) Refusal. Result: Nolle pros. (2) DWI 1st. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 90 days jail – all suspended, $500 fine with $250 suspended, 12 months good behavior.
Charge: Reckless Driving by Speed, 86/60. Amended to Improper Driving with $126 fine.
2 Charges: (1) Driving with suspended license (3rd offense). Result: Dismissed. (2) Operating vehicle without brake lights. Result: $25.00 fine.
Charge: Show Cause for Non-compliance with ASAP. Result: 30 days jail – 20 suspended, $130 fine/costs.