DUI DWI defense attorney Abigail Hockett

Attorney Abigail Hockett

Attorney Abigail Hockett - Matney Law PLLC - Newport News area of Virginia - DUI and Traffic Court Defense Lawyer

Attorney Abigail Hockett

Ms. Abigail Hockett is a native of Hampton, Virginia. She was a long-term resident of Hampton Roads and is a member of the Virginia State Bar.  Ms. Hockett is dedicated to bringing clients the best possible outcome available for their individual situation.  Prior to joining Matney Law PLLC, she worked in various areas of law, including: Business law, Immigration, and Personal Injury.

In 2011, she obtained her law degree from Regent University School of Law in Virginia Beach.  Ms. Hockett, also received a Masters in Business Administration from Regent School of Business. In 2001, she obtained a Bachelor of Science in Business Administration from Christopher Newport University in Newport News, Virginia.

DUI/DWI Defense Lawyer - Newport News Virginia

DUI Not Guilty & Dismissal

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

I Welcome Your Comments

DUI Not Guilty & Dismissal

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

During the past month, I achieved two DUI Not Guilty & Dismissal case results. During this time I also helped other clients by negotiating the amendment of a DUI to reckless driving, the dismissal of other charges, the avoidance or reduction of jail, and other positive sentencing outcomes.  Mark Matney Avvo Reviews...

Avvo Client's Choice Award 2018 - Matney Law PLLC - Hampton Roads area of Virginia

The Dismissal

The dismissal by nolle pros was exciting for my client, but it was not extraordinary. By showing up ready for trial, I was able to take advantage of a difficulty with the prosecution’s evidence. This resulted in the prosecutor asking the judge to dismiss the case with the hope that he can possibly obtain the necessary evidence in the future.

lawyer Mark Matney has a top 10 AVVO rating for 2018

Not Guilty Decision

The not guilty decision was exhilarating. DUI trials are hard fought, with most of my clients presumed to be under the influence as soon as we walk into the courtroom. In this case, I argued a legal issue to challenge the admissibility of the breath certificate and the judge agreed to exclude the breath certificate with my client’s blood alcohol level. This decision removed the presumption that my client was under the influence and left both sides to argue about the field sobriety tests. After the officer described what he remembered happening, I asked him clarifying questions and gave him the opportunity to explain how poorly he thought my client performed on the tests. The problem for the prosecution was that I then played the officer’s video of my client’s field sobriety tests and the judge was able to see that my client did not make the errors that the officer described. With the breath certificate excluded and the video demonstrating that my client did well on the field tests, the judge disregarded the officer’s testimony and found my client not guilty of driving under the influence (DUI).

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

2018 Case Results

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

•  Reckless Driving by Speed, 78/55. Result: Amended to Improper Driving w/ $125 fine.
•  Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 69/60 w/ $250 fine.
•  Reckless Driving by Speed. 75/55. Result: Amended to Defective Speedometer w/ $50.00 fine.
•  (1) Reckless Driving by Speed, 86/70 Result: To be amended to Improper Driving on review date if completes driver improvement course and pays $175 fine. (2) Operating with Tint/Signs/Decals Windows. Result: Dismissed by Nolle Pros.
•  (1) Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 85/60 w/ $250 fine. (2) Unsafe Lane Change. Result: $30.00 fine.
•  (1) DWI with Minors in the Vehicle. Result: $500 fine (mandatory minimum), ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail w/ 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. •  (2) Refusal. Result: Dismissed by Nolle Pros. (3) Reckless Driving. Result: Dismissed.
•  DWI 1st. Result: ASAP, $500 fine with $250 suspended, 365 days jail – all suspended, 12 months suspended license w/ restricted license, 6 months ignition interlock. This result accomplished the minimum sentence permitted by the Virginia Code.
•  (1) DWI 1st. Result: ASAP, $500 fine w/ $250 suspended, 6 months jail – all suspended, 12 months suspended license w/ restricted license, 6 months ignition interlock, one year good behavior. (2) Reckless Driving. Result: Dismissed. This result accomplished the minimum sentence permitted by the Virginia Code.
•  (1) Suspended License 2nd offense. Result: Dismissed! (2) Failure to Obey Stop Sign. Result: Dismissed!
Reckless Driving by Speed, 93/60. Result: Reduced to Speeding 79/60 w/ $250.00 fine.
•  (1) Driving with Suspended License, 4th offense. Result: Reduced to Driving without a license w/ $50.00 fine. This result reduced 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. (2) Failure to Display Front License Plate. Result: $20 fine.
Reckless Driving w/ Accident. Result: Reduced to Improper Driving w/ $50 fine.
•  (1) DWI 2nd in 5 years. Result: $500.00 fine, ASAP, $50.00 Trauma Fund, 3 years suspended license, 3 years good behavior, 365 days jail w/ 345 suspended – 20 days mandatory to serve on weekends. (2) Reckless Driving. Result: Dismissed! (3) Driving Without a License. Result: Dismissed by nolle pros.
•  Speeding 74/55. Result: Reduced to Defective Equipment w/ $25.00 fine.

February

•  DWI 2nd in 5 years & Show Cause for Failure to Appear. Result: ASAP, $1,000 fine, 3 years suspended license (eligible for restricted license after 1 year), 3 years good behavior, 180 days jail w/ 150 days suspended – 30 days mandatory jail to serve on weekends. This accomplished the mandatory minimum sentence for the DWI charge and avoided risk of jury trial demanded by the judge.
•  Reckless Driving by Speed, 87/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
•  Reckless Driving / Exceeding safe speed for road conditions. Result: Reduced to Improper Driving w/ $30 fine.
•  DWI 2nd in 5 years. Result: $1,000 fine w/ $500 suspended, 365 days jail w/ 325 suspended, 36 months suspended license w/ eligibility for restricted license after 12 months, ASAP. This result accomplished the mandatory minimum permitted by the Virginia Code for a second offense except for 5 additional days of jail.
•  (1) DWI 2nd in 5-10 years. Result: ASAP, $500 fine, 365 days jail w/ 353 days suspended – 10 mandatory and 2 discretionary days to serve on weekends, 3 years good behavior, 3 years suspended/restricted license, 6 months ignition interlock when apply for restricted license. (2) Reckless Driving. Result: Dismissed, (3) Refusal 2nd, (4) Open Container, (5) Impede Traffic. Results: Dismissed by Nolle pros. 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.
•  (1) DWI 1st. Result: ASAP, $250 fine, 180 days jail – all suspended, one year good behavior, 12 months suspended/restricted license, 6 months ignition interlock. (2) Reckless Driving w/ Accident. Result: Dismissed! (3) Fail to Yield. Result: Dismissed!
•  Speeding, 80/60. Result: Dismissed without court costs. Officer did not have calibration records.
•  (1) DWI 2nd within 5 years (elevated BAC). Result: Reduced DWI 2nd within 5 years to DWI 2nd within 5-10 years. $1000 fine w/ $500 suspended, ASAP, 3 years suspended license, eligible for restricted license after 4 months, 6 months ignition interlock when obtains restricted license, 3 years good behavior, 6 months jail w/ 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. (2) Reckless Driving. Result: Dismissed!
•  Reckless Driving – Fail to Maintain Control w/ Accident. Result: Reduced to Improper Driving w/ $200 fine.
•  Improper Backing w/ 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 of $66.00.
•  DWI (elevated BAC). Result: Reduced from 0.22 BAC (10 days mandatory jail) to 0.20 BAC (5 days mandatory jail). ASAP, $500 fine w/ $250 suspended, 12 months suspended license w/ restricted license granted, 6 months ignition interlock, 2 years good behavior, 90 days jail w/ 82 days suspended (only 6 days to serve with credits). (2) Open Container. Result: Dismissed by Nolle pros.
•  Reckless Driving, Fail to maintain proper control w/ Accident. Result: Reduced to Improper Driving w/ $75 fine.
•  Speeding, 52/35. Result: Reduced to defective equipment w/ $25 fine.
•  Reckless Driving by Speed, 90/60. Result: Dismissed!
•  Driving without Headlights w/ Accident. Result: Judge ruled evidence sufficient for guilty, but amended to defective equipment w/ $50.00 fine.
•  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 w/ $250 suspended.
•  Reckless Driving by Speed, 86/70. Result: Reduced to Speeding.
•  Speeding, 77/55. Result: Reduced to Improper Driving w/ $160 fine.
•  2 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 3 years.
•  DWI 1st with elevated BAC (0.15). Result: Reduced to standard BAC (0.08 – 0.14). ASAP, $250 fine, 12 months suspended license w/ restricted license, 6 months ignition interlock, 60 days jail w/ 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

•  Reckless Driving by Speed, 88/70. Result: Reduced to Improper Driving with $400 fine.
•  Shoplifting (grand larceny) – Felony. Result: Dismissed by Nolle Pros!
(1) DWI 2nd within 5 years with elevated BAC. Result: Reduced the DWI 2nd to DWI 1st. ASAP, $500 fine w/ $250 suspended, 12 months suspended license, eligible for restricted license immediately but did not apply due to relocating, 90 days jail w/ 60 days suspended (18 days to serve after good time credit). The amendment of the DWI reduced the license suspension from 3 years to 1 year, reduced the jail from 30 days minimum to 18 days, and avoided a 1 year delay before eligible for a restricted license. (2) Reckless Driving (failure to maintain control). Result: Dismissed by Nolle Pros. This result avoided a conviction, fine and costs.
•  DWI 1st w/ elevated BAC. Result: ASAP, $500 fine w/ $250 suspended, 180 days w/ 175 days suspended (5 days mandatory to serve on weekends), 12 months suspended license w/ restricted license. This result ensured the mandatory minimum sentence permitted under the Virginia Code.
•  (1) Failure to Obey Highway Sign. Result: Dismissed w/ payment of court costs! (2) Speeding 74/55. Result: Reduced to Speeding 64/55 w/ $54 fine.
•  Reckless Driving (failure to yield right of way). Result: Dismissed!
•  Reckless Driving by Speed, 94/70. Result: $500 fine w/ no jail or license suspension.
•  Reckless Driving by Speed, 69/45. Result: Reduced to Speeding, 64/45 w/ $114 fine.
•  Driving without a License. Result: Dismissed!
•  Public Intoxication. Result: Dismissed with payment of court costs.
•  Reckless Driving by Speed, 95/70. Result: $500 fine, 30 days jail – all suspended. This result avoided an active jail sentence and license suspension.
•  (1) DWI 1st, elevated 0.26 BAC. Result: Reduced to Standard BAC, 1st Offense. ASAP, 30 days jail – all suspended, $500 fine w/ $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.
•  DWI 1st. Result: Reduced to Reckless Driving General. $500 fine w/ $250 suspended, 30 days jail – all suspended, ASAP, 2 years good behavior, 6 months suspended/restricted license.
•  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.
•  Driving with suspended license (4th offense). Result: Dismissed! This result avoided the misdemeanor, 10 days mandatory minimum jail, and 90 days license suspension.
•  Reckless Driving/General. Result: Reduced to Driving Wrong Way w/ $100.00 fine.
•  Failure to signal. Result: Dismissed!
•  (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.
•  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.
•  Public Intoxication. Result: Dismissed with payment of court costs!
•  Speeding, 49/25. Result: Reduced to Speeding, 39/25 w/ $84.00 fine.
•  Reckless Driving by Speed 82/70. Result: $100.00 fine. Avoided jail and license Suspension. This is not a typical result for this speed so I encouraged an appeal.
•  Driving with suspended license (class 1 misdemeanor). Result: Reduced to Driving without a license (class 2 misdemeanor) w/ $100 fine. This result avoided 90 days of license suspension.
•  (1) 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. (2) Refusal. Result: Dismissed by Nolle Pros. (3) Impede Traffic. Result: Dismissed by Nolle Pros.
•  (1) Reckless Driving by Speed, 83/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. (2) Suspended License, 5th offense. Result: Reduced to Driving Without a License w/ $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. This result avoided 90 days license suspension and 10 days mandatory minimum jail.
•  (1) Driving While Suspended, 5th offense (class 1 misdemeanor). Result: Reduced to no license in possession (traffic infraction) w/ $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).
•  DWI, 1st. Result: ASAP, $500 fine w/ $250 suspended, 90 days jail – all suspended, 12 months suspended license w/ restricted license, Ignition interlock – may petition for removal after 6 months. This result ensured the minimum sentence permitted by the Virginia Code.
•  (1) Felony Extortion. Result: Dismissed by Nolle Pros. (2) Cause Telephone to Ring With Intent to Annoy. Result: Dismissed by Nolle Pros. (3) Harassment by Computer; (4) Unlawful Dissemination of Image (Count One); (5) Unlawful Dissemination of Image (Count Two). Result: 10 hours Community Service, 4 months jail – all suspended, No contact with victim, 3 years good behavior, 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

•  Fail to Obey Highway Lane Markings w/ Accident. Result: Dismissed!
•  Speeding, 69/60. Result: Reduced to Defective Equipment w/ $90 fine.
•  Reckless Driving by Speed, 83/60. Result: Reduced to speeding, 69/60 w/ $54.00 fine.
•  Reckless Driving, too fast for conditions, w/ Accident. Result: Dismissed w/ no court costs!
•  Reckless Driving by Speed, 79/45. Result: $500.00 fine w/ $101 court costs.
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding. 79/60 w/ $114 fine.
•  Reckless Driving General. Result: Reduced to Improper Driving w/ $75.00 fine.
•  Speeding, 45/25. Result: Dismissed!
•  Reckless Driving by Speed 56/35. Result: Reduced to Speeding 15-19 mph over limit w/ $250 fine.
•  (1) Refusal 1st; (2) Speeding, 52/35. Result: Dismissed! (3) DWI 1st Result: $500 fine w/ $250 suspended, ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 24 hours community service, and letter of apology to the officer.
•  Reckless Driving by Speed, 65/35. Result: Reduced to speeding, 54/35 w/ $114 fine.
•  Reckless Driving by Speed, 84/60. Result: Reduced to Improper Driving w/ $138 fine.
•  Reckless Driving by Speed, 88/60. Result: Reduced to Improper Driving w/ $168 fine.
•  Reckless Driving by Speed, 83/55. Result: Reduced to speeding, 74/55 w/ $140 fine.
•  Reckless Driving by Speed, 83/65. Result: Reduced to speeding, 74/65 w/ $54 fine.
•  Speeding 79/60. Result: Dismissed with payment of court costs!
•  (1) Driving without License (1st offense); (2) Following too closely; (3) No Liability Insurance. Result: All 3 charges dismissed!
•  Reckless Driving by Speed, 83/70. Result: Reduced to No Demerit Point violation w/ $130 fine.
•  (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 w/ $250 suspended, 12 months good behavior.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Improper Driving w/ $126 fine.
•  (1) Driving with suspended license (3rd offense). Result: Dismissed! (2) Operating vehicle without brake lights. Result: $25.00 fine.
•  Show Cause for Non-compliance w/ ASAP. Result: 30 days jail w/ 20 suspended, $130 court costs.

May

•  (1) Stop sign violation. Result: $50 fine. (2) Driving with suspended license, 5th offense. Result: $500 fine, 90 days license suspension, 365 days jail w/ 325 suspended (25 days to serve on weekends).
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 77/60 w/ $102 fine.  This result avoided the misdemeanor.
•  Violation of Learner’s Permit. Result: Dismissed!
•  Reckless Driving, Fail to Maintain Control. Result: Reduced to Improper Driving w/ $50.00 fine.
•  Reckless Driving by Speed, 76/55. Result: Reduced to Speeding, 64/55 w/ $54.00 fine. This result avoided the misdemeanor.
•  Review for ASAP compliance. Result: ASAP Show Cause Dismissed!
•  (1) Open Container; (2) Failure to maintain lane. Result: Nolle Pros. (3) DWI 1st. Result: VASAP, 12 months jail w/ 12 months suspended, eligible for restricted license, 6 months ignition interlock if obtain restricted license within 12 months of the court date, 2 years good behavior. This result avoided the misdemeanor, fines, and a traffic infraction. It also avoided 5 days minimum jail for an elevated BAC and ensured the minimum DUI sentence permitted by the Virginia code.
•  (1) Reckless Driving by Speed, 46/25. Result: Reduced to Speeding w/ $126 fine. (2) Improper Windows Tint. Result: $25 fine. This result avoided the misdemeanor and possibility of license suspension.
•  Assault and Battery. Result: $250.00 fine – all suspended, 90 days jail w/ 88 suspended – 2 days jail mandatory.
•  Driving with suspended License, 7th offense. Result: Reduced to no License in Possession. This result reduced the charge from a criminal misdemeanor to a traffic infraction. The client avoided 10 days mandatory jail, 90 days license suspension, and 6 DMV demerit points.
•  Reckless Driving by Speed, 90/65. Result: Judge granted continuance for client to complete more steps before deciding case.
•  Drunk in Public. Result: Dismissed based on preparedness and testimony of officer. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 88/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This result avoided the misdemeanor.
•  Motion to amend sentence. Result: Motion was granted, probation and good behavior period were ended.
•  Driving with suspended License. Result: Client granted continuance to obtain license.
•  Reckless Driving w/ Accident. Argued that since officer did not see the accident and did not subpoena witnesses, the case should be dismissed. Result: Dismissed!
•  Driving with revoked License due to prior DUI suspension. Result: 180 days jail with 160 days suspended, $100 fine, 12 months good behavior.
•  Reckless Driving by Speed, 87/60. Result: Reduced to Speeding, 79/70 w/ $215.00 fine.

June

•  (1) Reckless Driving. Result: Dismissed! (2) DWI, 0.22 BAC. Result: $250 fine, ASAP, 12 months suspension. No ignition interlock requirement, 180 days jail w/ 170 days suspended – 10 days jail mandatory.
•  (1) Reckless Driving General. Result: Dismissed! (2) DWI 1st, 0.09 BAC. Result: $250 fine, ASAP, all jail time suspended, 12 months suspended license or restricted w/ ignition interlock.
•  Reckless driving by Speed, 86/70. Result: Reduced to Improper Driving w/ $200 fine.
•  Reckless Driving, Failure to maintain control. Result: Dismissed!
•  Reckless Driving by Speed, 92/60. Result: 90 days suspended license, 30 days jail – all suspended, $500 fine, fine suspended if client completes 92 hours of community service.
•  Following too closely. Result: Dismissed w/ no fine!
•  (1) Failed to Maintain Control. Result: Reduced to Improper Driving w/ $75.00 fine. (2) Reckless Driving by Speed, 45/25. Result: Dismissed with no fine! This result avoided the misdemeanor for both charges.
•  (1) Refusal; (2) Speeding 52/35; (3) DWI 1st. Result: Provided judge with client’s apology letter, CCD’s letter indicating successful completion of community service, and recommending successful discharge from CCD. Client was immediately removed from CCD supervision.
•  Reckless Driving by Speed, 81/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
•  Possession of controlled substance. Result: Dismissed!
•  Speeding, 60/45. Result: Dismissed! Officer’s Radar was certified more than 6 months before stop.
•  (1) Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $250 fine. This result avoided the misdemeanor. (2) Failure to Obey Lane Markings. Result: $100 fine.
•  Speeding, 74/60. Result: Will be dismissed on Review Date without a court appearance if client complies with conditions: Pay $66.00 court costs, No new violations, must provide updated DMV transcript dated within 10 days before the review date.
•  Driving w/ suspended license, 3rd offense. Result: Reduced to driving w/ suspended license, 2nd offense. 30 days jail – all suspended, 90 days suspended license – all suspended, one year good behavior, no fine, $296 court costs.
•  Reckless Driving by Speed, 71/45. Result: Dismissed!
•  Possession of Marijuana, 2nd. Result: Reduced to Possession of Marijuana 1st, $250.00 fine, 30 days jail – all suspended, 6 months Suspended/Restricted License, 12 months good behavior.
•  DWI 1st, (0.19 elevated BAC). Result: ASAP, $250 fine, 90 days jail w/ 85 days suspended – 5 days mandatory due to elevated BAC, 12 months suspended license w/ restricted license, 12 months ignition interlock. May petition for removal if no violations after 6 months.
•  Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $75.00 fine. This result avoided the misdemeanor.
•  Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $30.00 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 85/65. Result: Reduced to Speeding, 84/65. This result avoided the misdemeanor.
•  Fail to Yield Right of Way. Result: Dismissed!
•  Reckless Driving General w/ Accident. Result: Dismissed w/ payment of court costs.
•  Reckless Driving by Speed, 70/45. Result: Reduced to Speeding, 70/45 w/ $250 fine.

July

•  ASAP show cause for non-compliance. Result: 90 days jail w/ 86 days suspended. Referred back to ASAP supervision.
•  Speeding, 79/60. Result: Reduced to speeding, 74/60. This result avoided a 30 day license suspension.
•  Speeding, 75/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine.
•  DWI, 1st, 0.04 BAC. Result: Reduced to Reckless Driving General. $250 fine, 3 months suspended license, 365 days jail – all suspended, 2 years good behavior.
•  Reckless Driving by Speed, 86/60. Result: Speeding, 80/60 w/ $120 fine.
•  Reckless Driving, Failure to maintain control w/ Accident. Result: Reduced to Improper Driving w/ $100 fine.
•  Reckless Driving by Obstructed View. Result: Reduced to Improper Driving w/ $75.00 fine.
•  DWI 1st, 0.11 BAC. Result: $500 fine w/ $250 suspended, VASAP, 12 months suspended license, ignition interlock, 30 days jail – all suspended.
•  Failure to Obey Highway Sign. Result: $54 fine.
•  (1) DWI 2nd in 5 years, 0.16 BAC. Result: VASAP, 12 months jail w/ 10 suspended (30 days mandatory and 1/2 of 30 days = 45 days to serve), $2,500 fine w/ $1,500 suspended, 3 years suspended license, 2 years good behavior. (2) Following Too Closely. Result: Not Guilty.
•  (1) Improper U-Turn; (2) Improper use of unauthorized lights. Result: Both Charges Dismissed! Must pay court costs for the U-Turn charge.
•  (1) Failure to Appear; (2) No Insurance. Result: Both Dismissed! (3) Reckless Driving. Result: $150 fine with no license suspension.
•  Assault on Family Member. Result: Dismissed by Nolle Pros!
•  (1) Fail to obey stop sign w/ Accident; (2) Expired Inspections. Result: Both Dismissed!
•  (1) Improper Backing. Result: Dismissed by Nolle Pros! (2) DWI 1st, 0.15 BAC. Result: $500 fine w/ $250 suspended, 90 days jail – all suspended, ASAP, 12 months suspended License, 6 months ignition interlock.
•  Reckless Driving General. Result: $500 fine w/ $400 suspended, 6 months good behavior. This result avoided license suspension and possible jail sentence.
•  (1) 3rd Brake Light out. Result: Dismissed! (2) Driving w/ Suspended License, 2nd Offense. Result: Reduced to Driving without a License w/ $50 fine.
•  Reckless Driving by Speed, 57/35. Result: Reduced to Speeding, 57/35 w/ $220 fine.  This result avoided the misdemeanor and the possibility of license suspension.

August

•  Reckless Driving by Speed, 101/45. Result: $500.00 fine, 90 days jail w/ 88 days suspended (one overnight to serve), 2 years good behavior, 6 months suspended license w/ Restricted license after 30 days.
•  Petition for extension of Restricted License and removal of Ignition Interlock machine. Result: Restricted License extended and ignition Interlock no longer required.
•  Reckless Driving by Speed, 80/55. Result: Reduced to Speeding, 15-19 mph, $90.00 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 95/55. Result: Reduced to Reckless Driving, 75/55 w/ $300.00 fine.  No jail or license suspension.
•  Tunnel Height Violation (Class 1 Misdemeanor). Result: Reduced to Defective Equipment w/ $250 fine to pay within 30 days.  This result avoided the criminal misdemeanor and the $1,000 mandatory fine.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 80/60 w/ $120 fine.  This result avoided the criminal misdemeanor.
•  Reckless Driving by Speed, 83/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 86/70. Result: Reduced to Speeding, 86/70 w/ $250 fine.  This result avoided the misdemeanor.
•  Speeding, 62/45. Result: Reduced to Defective Equipment w/ $100 fine.
•  Speeding, 80/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
•  Reckless Driving by Speed, 87/60. Result: Reduced to Improper Driving w/ $250.00 fine.  This result avoided the misdemeanor.
•  (1) Reckless Driving by Speed, 92/45. Result: $1,000 fine w/ $500 suspended, 30 days jail w/ 27 days suspended, 6 months suspended/restricted license. (2) No State Inspection. Result: Dismissed! (3) No License in Possession. Result: Dismissed!
•  Following Too Closely w/ Accident. Result: Dismissed!
•  Reckless Driving by Speed, 68/45. Result: Reduced to Speeding, 68/45 w/ $138 fine.  This result avoided the misdemeanor.
•  Speeding, 61/45. Result: Reduced to Defective Equipment.
•  Driving While Suspended or Revoked. Result: 60 days jail w/ 50 suspended, $300 fine, 90 days Suspended License.
•  Reckless Driving Speed 59/35. Result: Reduced to Speeding, 49/35 w/ $84.00 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 92/70. Result: Dismissed!
•  Reckless Driving by Speed, 83/60. Result: Reduced to Improper Driving w/ $138 fine.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Improper Driving w/ $156 fine.
•  Reckless Driving by Speed, 100/60. Result: $250 fine, 30 days jail – all suspended, 60 days suspended license, eligible for restricted license, one year good behavior.
•  Speeding, 50/35. Result: Reduced to Speeding, 44/35 w/ $54.00 fine.  This avoided the misdemeanor.
Reckless Driving, Fail to maintain Control w/ Accident. Result: Dismissed!  This result avoided the misdemeanor.
•  (1) Reckless Driving w/ Accident. Result: Reduced to Improper Driving, $100.00 fine. (2) Dangling Object in View of Driver. Result: Dismissed!
•  Reckless Driving by Speed, 89/65. Result: Reduced to Defective Equipment w/ $25.00 fine.
•  Reckless Driving by Speed, 85/60. Result: Reduced to Speeding, 71/60 w/ $66.00 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 80/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. This result avoided the misdemeanor.
•  Speeding, 49/30. Result: Dismissed!
•  Reckless Driving by Speed, 57/35 (Work Zone). Result: Reduced to Speeding, 44/35 w/ $63.00 fine.  This avoided the misdemeanor.
•  (1) DWI. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, $250 fine, all jail suspended. (2) Reckless Driving by Speed. Result: Dismissed by Nolle Pros.
•  DUI, 1st. Result: One year probation, ASAP, $500 fine, $25.00 assessment, 12 months Suspended License.
•  Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine.  This result avoided the misdemeanor.

September

•  Reckless Driving by Speed, 85/60. Result: Reduced to Speeding, 85/60 w/ $250 fine.
•  (1) DWI, 1st, 0.29 BAC. Result: $500 fine w/ $250 suspended, 30 days jail w/ 20 days suspended, 10 days mandatory to serve on weekends. ASAP, 12 months suspended/restricted license, 6 months ignition interlock w/ camera, 2 years good behavior. (2) Reckless Driving by Speed, 89/60. Result: Dismissed!
•  (1) DWI, 1st, 0.15 BAC. Result: ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock, $500 fine, 90 days jail w/ 85 suspended, 50 hours Community Service (2) Underage Possession of Alcohol; (3) Speeding, 42/25. Result: Dismissed by Nolle Pros.
•  Possession of Schedule I or II Controlled Substance. Result: One year good behavior, One Year supervision by Probation and Parole, 100 hours community service, Waive 4th Amendment right against unreasonable searches and seizure for one year, 6 months suspended license, $550 court costs.
•  Speeding, 69/45. Result: Class B Misdemeanor (Federal), $300 fine, $30.00 processing fee, and $10.00 special assessment.
•  Reckless Driving by Speed, 83/55. Result: Reduced to Improper Driving w/ $280 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 51/25. Result: Reduced to Speeding 26 over w/ $156 fine.  This result avoided the misdemeanor.
•  Driving Without a License, 2nd Offense. Result: $200 fine.
•  Violation of Right Turn on Red. Result: Dismissed!
•  Public Intoxication. Result: Dismissed!
•  (1) Reckless Driving by Speed, 80/55. Result: Reduced to Improper Driving w/ $150 fine w/ $50 suspended. This result avoided the misdemeanor. (2) Unsafe Lane Change. Result: Dismissed!
•  Following too closely w/Accident. Result: Not Guilty!
•  (1) DWI 1st, 0.06 BAC. Result: Reduced to Reckless Driving General, $500 fine w/ $250.00 suspended, 30 days jail – all suspended, 2 years good behavior. (2) Reckless Driving by Speed, 78/55. Result: Reduced to Speeding, 75/55 w/ $120 fine.
•  Driving w/ Revoked License due to DUI. Result: $100 fine, 90 days jail – all suspended, 50 hours Community Service with CCD.  This result avoided 30 days of active jail ordered by the judge.
•  Reckless Driving by Speed, 99/60. Result: $1,000 fine w/ $500 suspended, 10 days jail – all suspended, 60 hours Community Service with CCD, no License Suspension.  This result avoided active jail time and 95 days of suspended/restricted license that were ordered by the judge.
•  DUI 1st, elevated BAC. Result: ASAP, $250 fine, 90 days jail w/ 85 suspended – 5 days mandatory due to elevated BAC, 12 months suspended license, 2 years good behavior.
•  (1) DUI 1st, 0.17 BAC; (2) Failure to Appear. Result: 12 months suspended/restricted license, ASAP, $1,500 fine w/ $1,150 suspended, 180 days jail w/ 175 days suspended – 5 days to serve on weekends, 2 years good behavior, 6 months ignition interlock. (3) Speeding, 62/35. Result: Dismissed by Nolle Pros.

October

•  (1) Driving Without License (Class 2 misdemeanor). Result: Reduced to Driving Without License in Possession (Infraction) w/ $10.00 fine.  (2) Reckless Driving by Speed, 88/60. Result: Reduced to Speeding, 71/60 w/ $66.00 fine. This result avoided misdemeanor convictions.
•  Speeding, 74/60. Result: Reduced to Speeding, 9 over w/ $54.00.  Lowest band for DMV and insurance.
•  Speeding, 47/35. Result: Dismissed upon presentation of apology letter to Officer.  The infraction will not appear on the DMV Transcript.
•  Fail to Obey Traffic Signal. Result: Dismissed!  The infraction will not appear on the DMV Transcript.
•  (1) DWI 1st w/ elevated BAC. Result: ASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail w/ 175 days suspended – 5 days mandatory due to elevated BAC. (2) Reckless Driving. Result: Dismissed by nolle pros!
•  Reckless by Speed, 82/60. Result: Reduced to Speeding, 75/60 w/ $90.00 fine.  This result avoided the misdemeanor.
•  (1) DWI 1st, 0.20 BAC. Result: 180 days jail w/ 185 suspended – 5 days mandatory to serve on weekends, ASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, one year good behavior. (2) Open Container; (3) Fail to Yield. Result: Dismissed by Nolle Pros!
•  Speeding, 79/60. Result: Client provided driver improvement certificate. Reduced to Speeding, 69/60 w/ $54.00 fine.  Lowest band for DMV and insurance.
•  Reckless Driving by Speed, 81/55. Result: Reduced to Speeding 10 over w/ $60.00 fine.
•  Reckless Driving, 84/60. Result: Dismissed.
•  Petition for Restricted License. Result: Judge granted Restricted License.
•  Reckless Driving General w/ Accident. Result: Dismissed!
•  Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 79/60 w/ $150 fine.  This result avoided the misdemeanor.
•  (1) Felony Hit & Run (Leaving scene of accident). Result: Reduced to a misdemeanor. 12 months jail w/ 10 months suspended, $250 fine – all suspended, 2 years good behavior. (2) DUI 1st w/ elevated BAC (0.15). Result: $250 fine, $50 trauma fund, ASAP, 12 months suspended license, 365 days jail w/ 360 suspended – 5 days mandatory to run concurrently with hit and run sentence, 2 years good behavior. Permitted to serve jail sentence on weekends. (3) Elude Police. Result: $100 fine, 30 days suspended license. (4) Underage possession of alcohol. Result: $500 fine.
•  Reckless Driving by Speed, 82/60. Result: Reduced to 75/60 w/ $90.00 fine. This result avoided the misdemeanor.
•  DWI 1st, 0.14 BAC. Result: $500.00 fine w/ $250 suspended, 60 days jail – all suspended, VASAP – one year, 12 months suspended/restricted license, 6 months ignition interlock.
•  (1) Speeding, 79/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. (2) HOV Violation. Result: Dismissed. (3) Fail to Give Signal. Result: Dismissed!
•  DWI, 1st, 0.18 BAC. Result: ASAP, $500 fine w/ $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior, 90 days jail w/ 85 suspended – 5 days mandatory.
•  Reckless Driving by Speed, 82/55. Result: Reduced to Speeding, 74/55 w/ $250 fine.  This result avoided the misdemeanor.
•  Reckless Driving – Fail to Maintain Control w/ Accident. Result: Reduced to Improper Driving w/ $125 fine.
•  Speeding, 63/45 (18 mph over). Result: Reduced to Speeding, 54/45 (9 mph over) w/ $108 fine.  Lowest band for DMV and Insurance.
•  Speeding, 75/55. Result: $120 fine, $91.00 court costs. (2) Driving Under Suspended License/3rd Offense. Result: $100 fine, $91 court costs.
•  Reckless Driving by Speed, 90/65. Result: Reduced to Improper Driving w/ $150 fine. This result avoided the misdemeanor.
•  (1) Expired Registration. Result: $61.00 court costs. (2) No Valid Operator’s License. Result: Dismissed! (3) Fail to Obey Highway Sign. Result: $100 fine, $10.00 court costs.
•  Reckless Driving by Speed, 69/45. Result: Reduced to Speeding, 54/45 w/ $54.00 fine.
•  Speeding, 60/45. Result: Reduced to Defective Equipment w/ $100 fine.

November

•  (1) DUI 1st, 0.15 BAC. Result: $250.00 fine, 90 days jail w/ 85 suspended- 5 days to serve, 12 months Suspended License, ASAP. (2) Speeding, 42/25. Result: Dismissed by Nolle Pros!
•  (1) Fail to Display License Plate. Result: Dismissed with no court costs! (2) Suspended License 3rd. Result: 10 days jail, $300 fine, 90 days Suspended License.
•  Speeding, 60/45. Result: Dismissed w/ payment of court costs.
•  (1) DUI 1st, 0.14 BAC; (2) Failure to Maintain Control. Result: (1) ASAP, $250 fine, 180 days jail – all suspended, 12 months Suspended/Restricted License, 6 months ignition interlock, 12 months good behavior.
•  Reckless Driving by Speed, 96/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.  This result avoided the misdemeanor.
•  DUI 1st, 0.22 BAC. Result: Reduced to DUI 1st, 0.20 BAC. ASAP, $250 fine, 180 days jail w/ 175 suspended – 5 days mandatory jail, 12 months Suspended license. No ignition interlock requirement due to no restricted license.
•  (1) Marijuana Possession (not 1st offended eligible) Result: $250 fine, 30 days jail – all suspended, 6 months Suspended/Restricted license, 12 months good behavior. (2) Improper Brake Lights. Result: Dismissed!
•  (1) Speeding, 60/45. Result: Dismissed! (2) Driving Without License Result: Reduced To Driving Without A License – Infraction, Class 2 Misdemeanor. This result avoided the misdemeanor.
•  (1) Reckless Driving by Speed, 92/70. Result: Reduced to Reckless Driving by Speed, 90/70 w/ $300 fine.  No jail or License Suspension. (2) Expired Registration. Result: Dismissed!
•  Reckless Driving by Speed, 70/45. Result: Reduced charge to 9 MPG over.  This result avoided the misdemeanor.
•  Speeding, 46/25. Result: Reduced to Speeding, 34/25 w/ $54.00 fine.  This result placed the charge in the lowest band for DMV and insurance.
•  Reckless Driving by Speed, 65/35. Result: $180 fine. This result avoided jail and License Suspension.
•  (1) DUI 1st, 0.11 BAC. Result: ASAP, 60 days jail – all suspended, 2 years good behavior (no new misdemeanors), 12 months Suspended license w/ Restricted license, 6 months ignition interlock. (2) Reckless Driving w/ accident/fail to maintain control. Result: Dismissed by Nolle Pros w/ no fine.
•  (1) DUI, 1st. Result: $250 fine, 180 days jail – all suspended, 12 months Restricted License, 6 months ignition interlock (Range 6 -12 months), ASAP, 2 years good behavior. (2) Reckless Driving. Result: Dismissed by Nolle Pros! (3) Refusal. Result: Dismissed by Nolle Pros!  This result avoided 12 months license suspension.
•  Reckless Driving by Speed, 110/70. Result: $500 fine, 60 days jail w/ 50 suspended – 5 days to serve after good time credit, 6 months suspended license, restricted license after 60 days.
•  Reckless Driving by Speed, 95/70. Result: $500 fine, 30 days jail – all suspended, 6 months Suspended/Restricted license after 30 days.  This result avoided the active jail sentence and any community service requirement.
•  Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $100 fine. This result avoided the misdemeanor.
•  Reckless Driving – Operating with Improper Brakes w/ Accident. Result: Reduced to Improper Equipment w/ $100 fine. This result avoided the misdemeanor.
•  Red Light Violation. Result: Dismissed!  The charge will not appear on the DMV transcript.
•  Driving w/ Suspended License, 5th Offense – Class 2 Misdemeanor. Result: Reduced to Driving Without License in Possession, (traffic infraction) w/ $10.00 fine.  This result avoided the misdemeanor, 10 days mandatory minimum jail, and 90 days license suspension.
•  (1,2) 2 Charges Driving with Suspended License, 3rd or subsequent offense. Result: Reduced to Driving Without License, 30 days jail – all suspended, 1st Offence – $300.00 fine – all suspended, 2nd Offense – $300 fine w/ $200 suspended. (3) Failure to Appear. Result: Dismissed!
•  DWI 1st. Result: $500 fine w/ $250 suspended, 180 days jail – all suspended, ASAP and no alcohol, 12 months Suspended/Restricted, ignition interlock for 12 months – can petition for removal after 6 months.
•  Reckless Driving by Speed, 80/55. Result: Reduced to Speeding, 80/55 w/ $250 fine.

December

•  (1) Driving w/ Suspended License Result: Not Guilty. (2) Expired Registration. Result: Dismissed with payment of court costs.
•  (1) DWI 1st w/ elevated BAC. Result: ASAP, 12 months Suspended/Restricted license, 6 months ignition interlock, $1000 fine w/ $500 suspended, 90 days jail w/ 80 days suspended – 10 days mandatory to serve. (2) Fail to Obey Highway Signal. Result: Dismissed by nolle pros!  This result accomplished the minimum sentence permitted by the Virginia Code and avoided the traffic charge.
•  Reckless Driving by Speed, 84/60. Result: Reduced to Improper Driving w/ $144 fine.  This result avoided the misdemeanor.
•  (1) Speeding, 80/60. Result: Reduced to Speeding, 69/60 w/ $120 fine.  This result avoided the misdemeanor. (2) No Drivers License. Result: Not Guilty!
•  (1) DUI 1st. Result: 30 days jail – all suspended, $500 fine w/ $250 suspended, ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock. (2) Reckless Driving – Fail to Maintain Lane. Result: Dismissed by Nolle Pros!
•  (1) DUI 1st. Result: $500 fine, 6 months jail – all except 15 days suspended, ASAP and no alcohol, 12 months Suspended/Restricted license, 6 months ignition interlock. (2) Refusal, 1st. Result: Dismissed!
•  (1) DWI 1st. Result: 180 days jail –  175 days suspended – 5 days to serve, 12 month Suspended/Restricted license, 1 year probation, $250 fine. (2) Driving Suspended, 3rd Result: Dismissed by Nolle Prose.  (3) Reckless Driving. Result: Dismissed!
•  Reckless Driving by Speed, 73/45. Result: Reduced to Improper Driving w/ $280 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.  This Result avoided the misdemeanor.
•  Reckless Driving by Speed, 94/65. Result: Reduced to Improper Driving w/ $500 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 58/35 (23 mph). Result: Reduced to Speeding, 54/35 (19 mph) w/ $100 fine.
•  Speeding, 80/60. Result: Reduced to Defective Equipment/Speedometer w/ $140 fine.
•  Speeding, 49/30. Result: Reduced to Defective Equipment w/ $50.00 fine.
•  (1) Driving with Suspended License, 3rd. Result: Dismissed! (2) Fail to Appear. Result: $100 fine.  The dismissal of the Driving with Suspended License charge avoided the misdemeanor.
•  Reckless Driving by Speed, 98/65. Result: $750 fine, 30 days jail – all  suspended, 33 days community service.
•  Improper Lane Change w/ Accident. Result: Dismissed!
•  Reckless Driving by Speed, 67/45. Result: Reduced to Speeding, 64/45 w/ $90.00 fine. This result avoided the misdemeanor.
•  Reckless Driving by Speed, 88/60. Result: Reduced to Improper Driving w/ $250 fine.  This result avoided the misdemeanor.
•  Reckless Driving by Speed, 102/60. Result:  $1,000 fine w/ $750 suspended, 30 days jail w/ 26 suspended – 4 days to serve, 60 days suspended/restricted license.
•  (1) DWI 3rd in 5-10 years. Result: Reduced to DWI 2nd in 5-10 years. ASAP, 180 days jail w/ 160 suspended – 10 mandatory and 1/2 of 10 = 15 to serve, 3 years Suspended License – Restricted after 4 months, ignition interlock – 6 months when applies for restricted license, $1,000 w/ $500 suspended.  (2) Refusal. Result: Dismissed by Nolle Pros.  This result avoided Class 2 Misdemeanor, 3 years suspended license, fine, and costs.
•  (1) DUI 1st. Result: ASAP, 12 months Suspended License, 12 months jail – all suspended, $500 fine w/ $250 suspended, 2 years good behavior. (2) Reckless Driving by Speed, 54/35. Result: Reduced to Speeding w/ $114 fine. This result avoided a misdemeanor for the reckless driving and accomplished the minimum sentence permitted by the Virginia Code for the DUI.
•  Fail to obey Highway Sign. Result: Dismissed!

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

What’s the Point? DMV Demerit Points

DMV Demerit Points

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

The Virginia Department of Motor Vehicles (DMV) uses a point system to monitor Virginia drivers. The DMV assigns demerit points for driving convictions and rewards safe driving and driver improvement courses with positive points.

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

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

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

Traffic Violations

The Lawyers at 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.

Matney Law - DUI Lawyers - Traffic Court Attorneys - Williamsburg, Newport News, Hampton, Yorktown

Legal Services

Legal Services - Matney Law

The Lawyers at Matney Law PLLC defend people against driving related charges, including DUI, DWI, reckless driving, speeding, driving with a suspended license, driving without a license, running a red light or stop sign, hit-and-run accidents, and passing a stopped school bus. Our attorneys serve the Virginia Peninsula and the surrounding areas, including Newport News, Hampton, York County, Williamsburg, James City County, Gloucester, New Kent, Surry, Isle of Wight, Norfolk, Chesapeake, Portsmouth, and Suffolk.

Call Matney Law at 757-784-3507 for a Free, No-Obligation Consultation!

 

A Coach and an Advocate

To defend you traffic violation case, I will act as your coach in preparation for your court date. I will advise you of the steps the local judges want to see in order to consider dismissing or amending your charge. I will also make sure you are ready for any questions that may be asked at your hearing. I will be your advocate in the court hearing. I will speak with the officer or trooper and examine records. I will also have the opportunity to cross-examine the officer or trooper and to present your side of the case. My goal is to ensure that you have the best possible result based on the circumstances of your case.

Mark Matney - DUI - Reckless Driving - Matney Law PLLC - Newport News VirginiaContact a qualified traffic violations lawyer today!

Matney Law, PLLC is experienced representing clients in Virginia traffic courts. Contact my Newport News office online or at 844-304-0169 to speak to seasoned legal counsel about your traffic ticket. I stand prepared to do all I can to minimize the negative repercussions of a traffic violation.

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.

Rockingham Center

Find Your Courthouse

Find Your Courthouse

Matney Law, PLLC, has provided this visual guide to help you Find Your Courthouse.  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.

Court Locations Court Locations
Chesapeake Court HouseChesapeake Circuit and
General District Courts
307 Albemarle Drive
Chesapeake, VA 23322
New Kent County Courts:  Circuit, General District,
Juvenile & Domestic Relations
12001 Courthouse Circle
New Kent, VA 23124
North Hampton County Court HouseHampton Circuit Court
237 N. King Street
Hampton, VA 23669
Hampton General District Court
236 N. King Street
Hampton, VA 23669
Newport News Circuit Court (1-4)
and General District Courts:2500 Washington Avenue
Newport News, VA 23607Please note that Circuit Court 5
and the Juvenile & Domestic Relations
Courts are located at:2501 Huntington Avenue
Newport News, VA 23607
Newport News – United States District Court
2400 West Avenue
Newport News, VA 23607
Norfolk Court HouseNorfolk Circuit and General District Courts
150 St. Pauls Blvd.
Norfolk, VA 23510
Westmoreland Court HouseNorthampton County Courts:  Circuit, General District, Juvenile & Domestic Relations
5229 The Hornes
Eastville, VA 23347
York County Court HouseYork County Courts:  Circuit, General District,
Juvenile & Domestic Relations
300 Ballard Street, Yorktown, VA 23690
Gloucester Circuit and General District Courts
7400 Justice Drive, Room 102
Gloucester, VA 23061-0873
Suffolk Circuit and General District Courts
150 North Main Street
Suffolk, VA 23434
Virginia Beach Circuit and General District Courts
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Portsmouth Circuit and General District Courts
345 Court Street, Suite 104
Portsmouth, VA 23705-0129
Williamsburg / James City County Circuit and General District Courts
5201 Monticello Avenue, Suite 2
Williamsburg, VA 23188-8218
Isle of Wight Circuit and General District Courts
17000 Josiah Parker Circle
Isle Of Wight, VA 23397

 

 

 

Charged with a DUI call Matney Law PLLC 757-784-3507

DUI FAQs

DUI FAQs

DUI Defense Attorney Mark Matney of Matney Law, PLLC, is one of the top DUI and traffic law attorneys in the Hampton Roads area of Virginia. His experience defending clients charge with DUI and his training with the National College for DUI Defense enable Mr. Matney to identify the legal, factual, technical, and medical defenses in your DUI case. He spends the time necessary to review every document and watch every video related to your case. He will share his findings with you and discuss the best strategy for your specific situation.

Call 757-784-3507 or Click Here to email Matney Law for a Free, No-Obligation Consultation!

1.  How do you prepare for a DUI case?

At the beginning of a case, I must assume that my client and I are preparing for a trial. My staff and I prepare for court by obtaining and reviewing all of the available information. We analyze police reports, accident reports, questionnaires that help our clients share all that they remember about their particular situations, breath and blood test results from the Department of Forensic Science, and videos if available. I examine all of this information to look for every possible legal, factual, medical, or scientific defense. I then discuss the strengths and weaknesses of the case and the possible defenses with my clients. Being prepared for trial places us in the best position to point out any weaknesses in the prosecution’s case or to take advantage of any problems the prosecution may face on the day of court. Sometimes discussing these issues with the prosecutor generates favorable offers that avoid the uncertainties of trial.

2.  What are the Penalties for a DUI conviction in Virginia? 

Virginia Code Section 18.2-270 provides mandatory minimum sentencing requirements for people who are convicted of DUI and imposes enhanced penalties for cases that involve a high BAC and/or a subsequent offense. A judge must sentence someone who is convicted of a first offense DUI whose BAC is below 0.15 as follows: fine between $250 and $2,500, one year license suspension, completion of the Virginia Alcohol Safety Action Program (VASAP), and installation of an ignition interlock system for 6–12 months. Although there is no mandatory jail sentence for a first offense DUI with a BAC under 0.15, judges typically order a suspended jail sentence that could be imposed if the person fails to complete VASAP or does not remain of good behavior. In most cases, a first offender does not go to jail other than at the time of the arrest, receives a restricted license to drive for work, school, and certain other defined purposes on the day of court, and receives a fine close to the $250 minimum.

With respect to the alcohol level, even for a first offense, jail will be imposed for a BAC of 0.15 or above. In Virginia, a BAC of 0.15 to 0.20 will result in a five-day mandatory minimum jail sentence and if the BAC is above 0.20 the jail sentence will increase to a mandatory minimum of 10 days.

The penalties for a DUI conviction increase dramatically for a second offense. The judge must order the defendant’s license to be suspended for three years and the minimum fine increases to $500. If the second offense occurs within five years of the first offense, there is a mandatory minimum 20-day jail sentence and the defendant will not be eligible to apply for a restricted license until one year after the date of the conviction. If the second offense occurs within five to ten years of the first offense, then the mandatory minimum jail sentence is ten days and a restricted license may be obtained after four months. In both cases the judge may impose the ignition interlock machine for as long as the person has a restricted license.

The BAC is a significant factor in a second offense. The mandatory minimum jail sentence for a high BAC doubles when attached to a second offense. Thus, a person who is convicted of a second offense DUI with an elevated BAC will receive 10 mandatory days of jail with a BAC of 0.15 to 0.20 or a minimum of 20 days of jail if the BAC is over 0.20. Significantly, the mandatory jail for a high BAC is in addition to the mandatory jail for the second offense itself. This means that if a person is convicted of a second offense DUI within five years of a first offense and has a BAC over 0.20, then he would receive a mandatory minimum jail sentence of 20 days for the second offense, plus at least 20 days of jail for the high BAC, for a total of at least 40 days in jail.

A third offense DUI conviction is a Class 6 felony. This means the loss of certain rights (such as voting, serving as a notary, and possessing a firearm) in addition to the penalties imposed by the court. Being found guilty of a third DUI results in an indefinite license suspension and no opportunity to apply for a restricted license until three years after the conviction. The minimum fine for a third DUI is $1,000. The sentencing range for a third DUI conviction is one to five years with a mandatory minimum time in jail of six months for a third offense within five years and at least three months in jail if the third offense is within five to ten years of the priors.

In addition to the mandatory sentencing requirements of the Virginia Code, judges evaluate several other factors to determine whether a DUI sentence should include enhanced penalties. These factors include: blood alcohol level, refusal to submit to blood alcohol testing, whether or not the driver caused an accident, degree of cooperation with law enforcement, any additional charges against the defendant, and any prior criminal history. Moreover, many judges consider personal injuries to others as an aggravating factor that justifies imposing or increasing time in jail. In one of my first-offense DUI cases, the driver injured his passenger and received a six-month jail sentence (three months to serve after good time credit) and in another first-offense DUI case the driver injured a couple who was driving another vehicle and received a twelve-month jail sentence, which he appealed to the next level court. Most first-offense DUI cases do not involve any active jail time, but the extent of the injuries in these two cases provoked the judges to deal more harshly with the defendants.

It is important to note that judges consider lack of cooperation with the police when they make their sentencing determinations. Two reckless driving cases that I handled demonstrate how judges react adversely to conflict between the client and the police. The two clients were in similar situations with comparable speeds and the same judge. The first driver saw his charge amended from the misdemeanor of reckless driving to a traffic infraction. However, the second driver was found guilty of reckless driving. The driver who was convicted of reckless driving had ranted and cursed at the police officer. The judge was simply unwilling to give that driver a break after he had been so discourteous and uncooperative with the officer.

One situation that sometimes affects sentencing is a client’s past criminal history. If a client had a DUI conviction more than ten years before the new charge, then the prior offense cannot be used to elevate the new charge to a second offense. However, the prosecutor or the judge may argue that the person should not be treated the same as someone who is truly a first offender. This argument is sometimes successful in obtaining a more severe sentence than would be typical for someone without the prior record.

3.  Should I go to trial or accept a plea bargain?

For most people, their first concern is to find a lawyer who will fight for them and not just plea bargain their case away. Some prospective clients tell me that they are concerned about lawyers who promise to “get them a deal” and others confide that they have experienced negative situations where they felt their prior lawyer pushed them into a plea agreement instead of helping with their cases. In other words, the idea of plea bargaining has a very bad connotation for many people. They believe that if their attorney enters into a plea bargain, he is not adequately representing his client. As a lawyer, I feel that my job is to obtain the best possible result for my client and that I need to explore all of the options, including both going to trial and negotiating with the prosecution.

When I accept a case, I become responsible for the zealous representation of my client. My staff and I research the facts and the legal issues and I inform my clients of our findings. My counsel includes discussing the risks of accepting an offer from the prosecution versus the risks of going to trial. I advise my clients that there is a risk involved regardless of whether they choose to negotiate a result with the prosecutor (a plea bargain) or to present the case to the judge. Going to trial means giving up the best offer from the prosecutor and risking a worse result from the judge. On the other hand, accepting the prosecutor’s best offer means losing the possibility of a better result at trial.

Sometimes the focus of a case must be on avoiding a worse result as compared to “winning” or achieving a lesser charge. For example, one of my clients was charged with DUI because he fell asleep in the drive-thru lane at a fast food restaurant. When the police officer approached him, he saw that my client had vomited on himself and that he had receipts in his car for a large quantity of alcohol. There were numerous complicating factors in this case, including being assigned to a judge who was known for dealing harshly with DUI cases. I spoke with the officer to explore option of going to trial and then discussed the situation with my client. The officer agreed that if we pled guilty to the DUI, he would not inform the judge of the aggravating factors: vomiting on himself, waking up with difficulty, performing poorly on field tests, and possessing receipts in his vehicle for large quantities of alcohol. When I explained the situation to my client he approved accepting the agreement instead of risking a trial. The end result that morning was a DUI without any of the enhanced penalties that would have been likely if the police officer had described the details of what he observed during the arrest. Although it is not as exciting as a trial, an agreement that avoids the risk of a more severe outcome may be the best result that can be accomplished in a particular case.

Another example of the challenge of deciding whether to negotiate a resolution or to go to trial can be seen in a case that involved an unusual medical defense. My client was charged with a first offense DUI with a blood alcohol content (BAC) of 0.15, which is almost twice the legal limit of 0.08. The 0.15 BAC triggers a five-day mandatory minimum jail sentence when someone is found guilty. As we prepared for trial, we received an offer from the prosecutor to amend the BAC so that my client would avoid any jail time. Although the offer of avoiding a jail sentence without the risk of a trial was tempting, my client chose to proceed to trial instead of accepting the prosecutor’s offer. At the conclusion of the trial, the judge expressed his agreement with our medical expert and ruled that my client was not guilty of DUI. In hindsight, it is clear that the client made the best decision for his case. However, when the decision to reject the offer was made, there was no guarantee that we would prevail at trial. In fact, another client with a similar medical defense lost her case with a different judge, despite a lower BAC.

It is not always easy to decide whether the plea bargain or the trial is the best option. The plea agreement can sometimes sound very inviting. The prosecutor may offer to dismiss additional charges or to agree to a favorable sentence. As attorneys, we use all of the information available to us to provide the best counsel to our clients. Ultimately, however, clients must decide whether to risk the unknown result of a trial or accept the certainty of an agreement with the prosecution.

4. Can a prior DUI in another state be used against me?

The Virginia Code provides that in order for a person to be found guilty of a subsequent offense based on an out-of-state prior conviction, the law of the other state must be substantially similar to Virginia’s law for the particular charge. It can be challenging for the prosecution to prove the validity of the out-of-state order and that the law in effect at the time of the out-of-state conviction is substantially similar to Virginia’s law. It is sometimes possible, therefore, to exclude those prior convictions and reduce the severity of the new DUI charge, such as amending a charge of second offense DUI to first offense DUI.

5. What if my DUI case involves an accident?

DUI cases that involve accidents require the prosecution to prove certain additional elements in order to introduce the defendant’s BAC (blood alcohol content). These factors include showing that the defendant did not have access to alcohol after the accident and that he was arrested within three hours of the accident. The prosecution also has an additional burden when the defendant’s BAC is determined by a blood test instead of a breath test. In order to introduce a blood test result in court, the prosecution must produce the person who drew the blood and the person who analyzed the blood sample.

6. How Should I Plead at Court?

When my client and I appear in court, the judge will ask us how we plead. We have three options. My client can plead guilty, not guilty, or no contest. Each plea communicates something different to the judge and to the prosecutor.

By pleading guilty, my client declares that he is responsible for the offense he is charged with. Sometimes a guilty plea to one charge is part of an agreement for the dismissal or amendment of other charges. At other times, a guilty plea may be the result of negotiations for a concession on sentencing. There are also situations where the strength of the prosecution’s case is so great that entering a guilty plea before the judge may help to avoid a more severe sentence.

A no contest plea indicates that we believe that the prosecution’s evidence is sufficient for a judge to find my client guilty. We may take issue with certain parts of the prosecution’s case but conclude that we are unlikely to prevail at trial. The no contest plea allows my client to avoid pleading guilty while also having an opportunity to explain the circumstances or other mitigating factors to the judge.

A plea of not guilty requires the prosecution to prove the case against my client. Pleading not guilty does not necessarily mean that we are pleading innocent. We may not dispute the fact that my client committed the act he is charged with, but a not guilty plea places the burden of proof on the prosecution. The prosecutor must prove each element of the offense that the defendant is charged with. In a DUI case, the prosecutor must prove that the police had a reasonable suspicion that justified stopping the defendant, that they had probable cause for arresting the defendant, and that the evidence as a whole demonstrates guilt beyond a reasonable doubt.

My responsibility as a defense lawyer is to obtain the best possible outcome for people who have been charged with criminal and traffic offenses. Since my work lies on the defense side, my goal is to present my clients and their cases in a manner that will result in the court erring on the side of mercy. The famous William Blackstone stated in his Commentaries on the Laws of England that, “… it is better that ten guilty persons escape, than that one innocent suffer,”[1]while Benjamin Franklin went as far as commenting in a letter he wrote in 1785 that “… it is better 100 guilty Persons should escape than that one innocent Person should suffer.”[2]

Based on that time-honored reasoning, I believe that everyone deserves a fighting chance to plead his case and have his day in court. Although there are times when I believe that a trial will not be in my client’s best interest, the client is the final decision maker about whether to present the case to the judge at a trial or as an agreement with the prosecution. I counsel my clients about the relative strengths and weaknesses of both sides of the case and the possible outcomes at trial and then permit them to decide how to proceed.

Sometimes clients choose to pursue a trial even when it is the riskier option for their case. For some, the idea of accepting an offer from a prosecutor would be worse than losing at trial. One morning, I handled DUI cases for two men who were both facing several other charges in addition to their DUIs, such as open container, refusal, and reckless driving. In each case, I was able to negotiate with the prosecutor that, in exchange for a guilty plea to the DUI, the prosecutor would dismiss all of the other charges. This was a generous offer based on the facts of these two cases. The first client liked the idea of ending up with only one conviction and avoiding the consequences of the other charges. He also appreciated the fact that the agreement would assure him of the minimum sentence for the DUI. The second client decided that he wanted to go to trial because he wished to tell the judge his side of what happened. He was convicted of every single charge. We appealed and eventually negotiated a better result, but he had to incur the additional time and costs involved in the appeal process. However, he was glad with the outcome because he placed greater value on “having a fighting chance” and “going down swinging.” For him, the trial was preferable because he received his day in court.