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

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DUI Not Guilty & Dismissal

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

2017 Case Results

2017 Case Results

This is a listing of the 2017 Case Results handled by Matney Law, PLLC.  Matney Law defends people in traffic court charged with, DUI, DWI, drunk driving, reckless driving, traffic law, speeding, accident, suspended license, failure to yield.  Our coverage area includes all of Hampton Roads, especially Newport News, Hampton, Yorktown, Williamsburg, York County, James City County, Virginia Beach, Norfolk, Chesapeake,  Suffolk, and Isle of Wight.

Disclaimer for Case Results...

I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2017 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 Reckless Driving Cases

In every case where a Reckless Driving charge is amended to Speeding or Improper Driving, the criminal misdemeanor is avoided and the result is a traffic infraction.  This reduces the length of time the charge remains on the driver's DMV transcript and in most cases it also reduces the number of DMV demerit points.

CASE RESULTS 2017

January
Charge: Reckless driving in parking lot (accident). Result: Amended to following too closely. No fine, court costs only. Avoided misdemeanor and fine. Reduced DMV demerit points and length of time reported on DMV transcript.

Charge: Speeding 30/25 in school zone. Result: Withheld finding with review date. To be dismissed without court appearance if no new violations.

Charge: Reckless driving by speeding 76/55. Result: Amended to Defective Equipment with $150.00 fine.

6 Charges: (1) DUI 2nd in 5 years - Amended to DUI 2nd in 10 years, ASAP, $1000 fine with $500 suspended, 180 days jail with 150 days suspended (20 to serve on weekends), 3 years suspended license with restricted in 4 months. (2) Driving while suspended - $100 fine, 90 days suspended license, 90 days jail with 86 suspended (2 days to serve on weekend). (3) & (4) Refusal 2nd offense & Failure to have vehicle inspected - Both dismissed by Nolle Pros. (5) Capias for violation of pretrial conditions - Dismissed. (6) Display tags on wrong vehicle - Dismissed upon payment of court costs. Dismissal of the Refusal 2nd offense avoided 3 years license suspension. Amendment from DUI 2nd in 5 years to DUI 2nd in 10 years made client eligible for a restricted license in 4 months instead of in 12 months.

4 Charges: (1) Driving without License (46.2-300). Result: Amended to No License in Possession (46.2-104) with $10.00 fine plus costs. (2) Failure to Provide Proof of Insurance at Accident. Result: Dismissed with payment of costs. (3) Open Container. Result: Guilty, $75.00 fine and costs. (4) RD General (Accident). Result: Guilty with $750.00 fine with $500 suspended and costs; 90 days Restricted License; 40 hours community service. Appealed Reckless Driving and Open Container. (The reckless driving and open container were later dismissed in Circuit Court).

Charge: Reckless driving by Speed, 47/25. Result: Amended to speeding 44/25, $114.00 fine.

Charge: Speeding, 63/45. Result: Dismissed with payment of court costs.

Charge: Speeding 77/60. Result: Amended to Defective Equipment, $30.00 fine.

Charge: Reckless driving by Speed, 85/60. Result: Amended to Speeding, 20+ mph, $120.00 fine.

Charge: Speeding, 57/45. Result: Dismissed with payment of Court costs.

Charge: Reckless driving, Improper Brakes. Result: Amended to Defective Equipment, $100.00 fine.

Charge: Reckless driving by Speed, 95/70. Result: Reckless driving by Speed. 95/70, $450.00 fine, 30 days jail - all suspended, 2 years good behavior, 6 months suspended/restricted License. Avoided active jail sentence and obtained Restricted License.

Charge: Reckless driving by Speed, 104/60. Result: Dismissed - Motion to dismiss for failure to prosecute.

Petition for Expungement of three felony charges that were resolved by nolle prosequi. The prosecutor in this case opposed expungement claiming that my client did not demonstrate that there was a manifest injustice in allowing the dismissed charges to remain on my client’s record. Trial before judge. The judge granted expungement of all three of the charges.

Charge: Reckless driving by Speed, 67/45. Result: Dismissed on Motion to Dismiss due to officer's radar calibration certificate was expired.

Charge: Reckless driving by Speed 85/60. Result: Amended from Speeding 85/60 to Speeding 79/60, $114.00 fine.

3 Charges: (1) Refusal 2nd offense: Dismissed by Nolle Pros. (2) Speeding 54/35: Dismissed by Nolle pros. (2) DUI, 2nd in 5 years. Result: ASAP, $1,000 fine with $500.00 suspended, 3 year suspended license, 180 days jail - 160 days suspended (20 days mandatory), restricted license after one year. Dismissal of the Refusal 2nd offense avoided 3 years suspension of driver’s license.

Charge: DUI, 2nd within 5 years, 0.15 elevated BAC. Result: DUI 2nd in 5 years with standard BAC. Sentence: ASAP, $1,000 fine with $500.00 suspended, 3 years suspended License, eligible for Restricted License in one year, 3 years good behavior, 12 months jail with 11 months suspended. Amendment of the BAC reduced the mandatory minimum jail.

Charge: DUI, 1st, 0.19 BAC, and Improper Signal. Result: Improper Signal dismissed by Nolle pros. DUI = VASAP, $250.00 fine, 6 months interlock, 12 months suspended/restricted license, 60 days jail - 55 days suspended, 2 years good behavior.

Charge: Speeding 77/60. Result: Amended to Speeding 69/60.

Charge: Speeding 65/45. Result: Amended to Speeding 59/45 with $100 fine.

Charge: Speeding 81/60. Result: Amended to Speeding 74/60, $84.00 fine.

Charge: Reckless driving by Speed 83/60. Result: Amended to Speeding 78/60, $120.00 fine.

February

2 Charges: DUI 1st and Reckless Driving General. Result: Agreement with prosecutor: (1) DUI dismissed by nolle pros. (2) Reckless driving - $250.00 fine, VASAP, 30 days jail - all suspended, 2 years good behavior, 6 months suspended/restricted license. This result avoided the DUI conviction and the ignition interlock requirement.

2 Charges: (1) Driving Under Revoked/Suspended License 3rd Offense and (2) Speeding 78/60. Result: dismissed! Avoided the misdemeanor and no demerit points!

2 Charges: (1) DUI 1st and (2) Failure to appear. Result: Agreement with prosecutor. Dismissed failure to appear by nolle pros. DUI sentence: VASAP, $500.00 with $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock and 2 years good behavior.

Charge: DUI 1st. Result: Agreement with prosecutor to amend from DUI to Reckless Driving in Parking Lot. Result: $250 fine, 90 days jail - all suspended, 90 days suspended/restricted license. Avoided DUI, ASAP, ignition interlock.

Charge: Reckless driving by Speed 112/55. Result: Guilty of reckless driving by Speed 112/55, $500 fine, 90 days jail with 75 suspended (8 to serve on weekends after good time credit applied), 6 months suspended/restricted license with 30 days before eligible for restricted. Weekend jail.

Charge: Reckless driving by Speed 63/35. Result: Amended to Speeding 54/35, $114 fine.

Charge: Reckless Driving by Speed 96/70. Result: Amended to Improper Driving with $500 fine. Avoided misdemeanor, jail & license suspension, reduced DMV demerit points from -6 to -3.

Charge: Reckless driving by Speed, 85/60. Result: Amended to Speeding, 79/60, $114.00 fine.

Charges: Reckless driving by Speed 91/70, Suspended License (13th offense). Result: Guilty of both charges. (1) Reckless driving by Speed: $500 fine, 90 days jail-all suspended, 90 days license suspension, (2) Suspended license: $500 fine, 90 days license suspension, 12 months jail - 6 months suspended (3 months to serve). Client appealed to Circuit Court with $2500 appeal bond for reckless driving and $5000 appeal bond for Suspended License.

3 Charges: (1) DUI 1st, (2) Refusal, (3) Failure to Yield. Results: Agreement with prosecutor = (3) Nolle Pros Failure to Yield, (2) Withheld finding for Refusal - to be dismissed on review date, if no new violations. (1) DUI 1st - Sentence - ASAP, 12 months suspended/restricted License, 6 months ignition interlock, $500.00 fine with $250.00 suspended, jail = 365 days - ALL suspended.

Charge: Reckless Driving by Speed. Result: Amended to Improper Driving, $180.00 fine.

Charge: DUI 1st, elevated BAC (0.22), Accident with injuries. Result: DUI with mandatory minimum sentence (avoided enhancements for the accident). Sentence: ASAP, $500 fine with $250 suspended, 365 days jail with 355 suspended (10 days mandatory due to elevated BAC, 12 months suspended / restricted license, 6 months ignition interlock.

Petition for Restricted License. Result: Judge granted petition and awarded Authorization for Restricted License.

3 Charges: Reckless Driving by Speed, 84/55, Unapproved windshield sticker, No Muffler. Result: Dismissed 2 charges - Unapproved windshield sticker and No muffler. Withheld finding for Reckless Driving. Reckless Driving to be amended to Speeding on review date if no new violations and complies with terms of restricted license.

Charge: Reckless Driving General (Accident). Result: Amended to Improper Driving, $50.00 fine.

Charge: Speeding, 56/40. Result: Amended to Defective Speedometer with $50.00 fine. This result avoided DMV demerit points.

Charge: Speeding, 55/45. Result: Amended to Speeding, 54/45, $54.00 fine.

Charge: Reckless Driving by Speed 65/45. Result: Amended to Speeding 60/45.

Charge: Reckless Driving by Speed, 76/55. Result: Amended to Speeding, 64/55, $54.00 fine.

Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding, 79/60, $114.00 fine.
.
Charge: Reckless Driving by Speed, 85/70. Result: Dismissed!

2 Charges: (1) Reckless Driving by Speed (81/60). Result: Amended to Speeding (75/60), $90.00 fine. (2) Failure to Display License Plate - Dismissed.

March

Charge: Unsafe Lane Change - Not guilty plea. Result: Guilty of Unsafe Lane Change with $50.00 fine.

2 Charges: Illegal Window Tint and Speeding, 78/60. Result: (1) Dismissed Window tint and (2) Amended Speeding 78/60 to Defective Equipment (no demerit points).

Charge: Speeding, 44/25. Result: Amended to Speeding 34/25, fine $54.00.

2 Charges: (1) Failure to appear (misdemeanor) and (2) Driving with suspended license 3rd offense (misdemeanor). Result: Dismissed Failure to Appear. Amended Driving with suspended license to No Operator's License in Possession (traffic infraction). Avoided 2 misdemeanors. Avoided 10 days mandatory jail and 90 days license suspension that would have been imposed for 3rd offense suspended license charge, avoided DMV demerit points. Fine: $10.00.

Charge: Reckless Driving by Speed, 85/70. Result: Amended to Speeding 85/70 in General District Court. Amended to Speeding 79/70 in Circuit Court.

Charge: Reckless Driving by Speed, 90/60. Result: Reckless Driving by Speed, 90/60 with $250 fine. Avoided 40 hours community service imposed by General District Court. Also avoided jail and license suspension.

Charge: Reckless Driving by Speed, 48/25. Result: Amended to Speeding 48/25 with $200 fine. Avoided misdemeanor. Judge declined to amend speed due to driving record.

2 Charges: (1) Failure to obey stop sign. (2) Speeding 39/25. Result: Dismissed Failure to obey stop sign. Fine for speeding.

Charge: Reckless Driving by Speed 68/45. Result: Amended to Speeding 64/45, $138 fine.

Charge: Speeding 71/55. Result: Dismissed!

Charge: Reckless driving by Speed 80/60. Result: Amended to Speeding 69/60, $54 fine.

Charge: DUI 1st. Result: $250 fine, ASAP, 180 days jail - all suspended, one year good behavior, Out of state resident so did not apply for restricted license and not required to have ignition interlock.

Charge: DUI 1st. Result: Agreement to amend from DUI to Reckless Driving General. Sentence: $250 fine, $25 special assessment, 12 months suspended/restricted license, ASAP. Avoided DUI and ignition interlock.

Charge: Reckless Driving by Speed, 49/25. Result: Amended to Speeding, 44/25, $100.00 fine, $5.00 special assessment.

3 Charges: DUI with elevated BAC, Reckless Driving, Underage Possession of alcohol. Results: (1) DUI - Amended from elevated 0.15 BAC to 0.14 BAC, 1 year good behavior, ASAP, $250.00 fine, 12 months suspended/restricted license, 180 days jail - all suspended. (2) Reckless Driving and (3) Underage Possession charges both dismissed. Amendment of the BAC avoided 5 days mandatory minimum jail.

Charge: Reckless Driving by Speed, 90/70. Result: Amended to Improper Driving.

Charge: Reckless Driving by Speed, 88/60. Result: Amended to Speeding, 79/60, with $114 fine.

Charge: Reckless Driving by Speed 85/70. Result: Amended to Speeding 79/70, $125.00 fine.

Charge: Reckless Driving by Speed, 88/70. Result: Amended to Improper Driving with $350 fine.

Charge: ASAP Show Cause. Result: Show cause dismissed with payment of court costs. Reinstated into ASAP.

2 Charges: Suspended License 3rd (misdemeanor) and Speeding 60/45. Result: (1) Amended to No license in possession (traffic infraction). (2) Speeding 60/45 amended to Speeding 54/45.

Charge: Reckless Driving 101/60. Result: Guilty of Reckless Driving with $250.00 fine only. NO jail and no License Suspension!

April

Charge: Reckless Driving General (accident). Result: Judge granted review date for charge to be dismissed if client completes driver improvement, pays court costs, and has no new violations before the review date.

2 Charges: Reckless Driving by Speed (84/60) and Driving in Violation of Learner's Permit. Result: (1) Learner's Permit Charge Dismissed and (2) Reckless Driving amended to Speeding (69/60). Avoided misdemeanors and reduced DMV demerit points.

Charge: Speeding (78/60). Result: Amended to Defective Equipment with $30 fine. No DMV demerit points.

Charge: Failure to Comply with Visitation. Result: Dismissed with no court costs! [Not a typical case for us. Helped a client at the time with this other matter].

Charge: Speeding 76/55. Result: Amended to Speeding, 64/55 with $54.00 fine.

4 Charges: (1) Forged License plate (2) Expired registration, (3) Fail to display license plates, (4) Suspended license. Results: (1) Dismissed!, (2) Dismissed!, (3) $30 fine, (4) $200 fine, license suspended for 90 days.

2 Charges: (1) Reckless Driving, 71/45, and (2) No Registration in Posession. Result: (1) Reckless driving amended to speeding 71/45 with $240.00 fine. (2) Registration charge dismissed.

2 Charges: (1) Felony Eluding Police and (2) Driving with suspended license, 3rd offense. Result: (1) Felony Eluding Police amended to Misdemeanor Eluding Police, $100 fine. (2) Suspended license: $100 fine, 90 days jail with 80 suspended leaving 10 days mandatory minimum to serve, one-year good behavior, 90 days suspended license. Avoided felony, limited total fine to $200, avoided all but 10 days mandatory minimum jail.

2 Charges: (1) Following too closely. (2) Driving with suspended license (11th offense). Result: (1) $50 fine for following too closely. (2) Driving with suspended license: $2500 fine with $2500 suspended, 3 years good behavior, 4 hours community service to be monitored by Community Corrections, 365 days jail with 305 suspended (35 days to serve on weekends after applying mandatory time and good time credit). Improved on General District Court result by avoiding $500 fine, reducing active jail sentence by 15 days, and obtaining weekends instead of straight time.

Charge: Speeding 51/25 in Active School Zone. Result: Amended to Speeding 34/25, with $54.00 fine.

Charge: Reckless Driving by Speed (88/60) and HOV violation. Result: Amended Reckless Driving by Speed to Speeding (69/60) with $54 fine. HOV violation: $100 fine.

Charge: Speeding 49/35. Result: Dismissed with payment of court costs!

Charge: Failure to obey traffic signal (accident). Trial on not guilty plea. Result: Guilty of Failure to obey traffic signal with $100 fine.

3 Charges: (1) Fail to update license, (2) Speeding 78/60, (3) DUI 1st. Result: Dismissed failure to update license. $108 fine for speeding. DUI sentence: ASAP, $500 fine with $250 suspended, 30 days jail - all suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.

Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding 79/60 with $114 fine.

2 Charges: (1) Counterfeit Inspection Sticker (misdemeanor), (2) Operating uninspected vehicle. Result: Dismissed Counterfeit Sticker dismissed, $75 fine for operating uninspected vehicle.

Charge: Reckless Driving by Speed, 84/60. Result: Amended to Speeding, 69/60, with $54 fine.

Charge: Reckless Driving by Speed 77/55. Result: Amended to Speeding 70/55 with $105 fine.

Speeding 41/25. Result: Judge continued the case for review. The charge will be dismissed if the following terms are complied with: (1) Reimburse parents for court costs and cost of driver improvement course, (2) No new violations with updated DMV transcript to be provided to the judge, (3) Do well in school with updated school transcript to be provided to the judge.

Charge: Reckless Driving 70/35. Result: Guilty with $250.00 fine and costs of $94.00. No jail and no Suspended License (Driving double the speed limit).

Charge: Speeding 42/25 (17 mph over limit). Result: Amended to Defective Speedometer with $30 fine. No DMV demerit points!

Charge: Misdemeanor Failure to Stop at Scene of Accident (Hit and run). Result: Amended to Following too closely. No fine, court costs only. Avoided criminal misdemeanor, reduced DMV demerit points.

May

Charge: DUI 2nd within 5 years and with elevated BAC. Result: ASAP, $2500 fine with $1500 suspended ($1000 to pay), 3 years suspended license (eligible for restricted after one year), 3 years probation, 12 months jail with 11 suspended (30 days mandatory minimum to serve on weekends).

Charge: Reckless Driving by Speed, 83/70. Result: Amended to Defective equipment with $100 fine. Avoided misdemeanor and DMV demerit points.

3 Charges: Driving with suspended license, 3rd or subsequent, and 2 Failure to Appear charges (misdemeanors). Dismissed both Failure to Appear charges! Amended Driving with suspended license (class 1 misdemeanor) to driving without a license (class 2 misdemeanor) with $100 fine. This result avoided two misdemeanors, 10 days mandatory minimum jail, and 90 days license suspension.

Charge: Speeding, 63/45. Result: Judge declined to amend the charge due to the driving history, $108 fine.

3 Charges: Driving with suspended license 3rd offense, Expired inspection, Seat belt violation. Suspended license charge continued for client to obtain license. Dismissed expired inspection charge with court costs. $25 fine for seatbelt violation.

2 Charges: DUI 1st with accident and Refusal. Negotiated result with prosecutor. Dismissed Refusal by nolle pros. DUI sentence: ASAP, $500 fine with $250 suspended, 90 days jail with 80 days suspended (4 days to serve after credit for good time and day of arrest), 12 months suspended license. Restricted license approved with ignition interlock for first 6 months. 2 years good behavior. Jail to be served on weekends. Dismissal of Refusal charge avoided additional one year license suspension.

Charge: Reckless Driving by Speed 83/60. Result: Amended to Speeding, 79/60, with fine of $130.00.

Charge: Reckless Driving by Speed, 88/70. Result: Amended to Improper Driving with $300 fine.

Charge: Failure to Obey Highway Sign. Result: Amended to defective speedometer with $84 fine. No DMV demerit points!

3 Charges: DUI 1st, Reckless Driving, Refusal 2nd. Agreement with prosecutor. Dismissed Reckless Driving and Refusal 2nd offense. Sentenced for DUI 1st: ASAP, $250 fine, 180 days jail - all suspended, 12 months suspended license, did not apply for restricted license, 12 months good behavior. This result avoided two misdemeanors and three years license suspension on the refusal charge.

2 Charges: (1) Suspended License, 3rd Offense - $100.00 fine, 60 days suspended License, jail reduced from 10 days to 5 days based on argument about one of the prior convictions), (2) Expired Inspection - Dismissed with court costs.

Charge: Speeding 40/25. Result: To be dismissed if pay court costs and provide original Driver Improvement Certificate.

Charge: Reckless Driving by Failure to Maintain Control (Accident). Result: Amended to Improper Driving, $50.00 fine.

Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding, (79/60), $114.00 fine.

2 Charges: (1) Driving without license - Dismissed! (2) Speeding 70/55 - To be dismissed on review date if meet conditions: (1) pay court costs (client paid in full on court date), (2) complete driver improvement course and submit original certificate to the court before the review date. This result avoided a criminal misdemeanor for the license charge and will avoid all DMV demerit points if the driving certificate is filed with the court.

Charge: Speeding (59/45). Result: Deferred to review date to be dismissed without appearance if no new violations.

Charge: Speeding, (63/45). Result: Amended to Defective Speedometer, $30.00.

2 Charges: Reckless Driving by Speed (91/70) and Driving with Suspended License (multiple offense). Result: (1) Reckless Driving: $250 fine, 90 days jail - all suspended, 90 days suspended license. (2) Suspended License: $250 fine, 90 days suspended license, 12 months jail with 8 months suspended (2 months to serve after good time credit). Result: Improved General District Court result with $500 reduction in fine and 30 day reduction in active jail.

Charge: Speed, 56/35. Result: Dismissed with payment of court costs.

Charge: Reckless Driving - General (Accident). Result: Dismissed with payment of court costs.

Charge: Reckless Driving by Speed, 87/60. Result: Guilty with $200.00 fine. Appealed to Circuit Court.

2 Charges: Driving with Suspended License - Amended to Driving without a License with $50 fine. (2) Failure to Stop (stop sign): Amended to Improper Equipment with $50 fine. This result amended the license charge from a Class 1 misdemeanor to a Class 2 misdemeanor and avoided 90 days license suspension.

Charge: Driving with Suspended License (3rd offense). Result: Amended to Driving Without a License with $25 fine. This result reduced the charge from Class 1 misdemeanor to Class 2 and avoided 10 days mandatory jail and 90 days license suspension.

Charge: ASAP Violation/Show Cause. Result: Dismissed!

Charge: Reckless Driving - General (accident). Result: Dismissed with payment of court costs.

Charge: Speeding 41/25. Dismissed!

Charge: Reckless Driving by Speed, 83/60. Charge was dismissed with payment of $91 court costs.

Charge: Reckless Driving by Speeding, 85/60. Result: Dismissed!

June
Charge: Reckless Driving by Speed, 58/35. Result: Amended to Speeding, 44/35, $54.00 fine.
Charge: Speeding 58/45. Result: Dismissed! (Officer did not have his paperwork for this case, so he agreed to dismissal instead of continuance).
Charge: Speeding 70/55 (15 mph over). Result: Amended to Speeding 64/55 (9 mph over). This result reduced the charge to the lowest category for DMV demerit points and insurance.
Charge: DUI 1st (0.12 BAC). Result: ASAP, 180 days jail - all suspended, $500 fine with $250 suspended, 12 months suspended license (eligible for restricted but did not apply due to relocating), 12 months good behavior. This result obtained the minimum sentence permitted under the Virginia Code.
Charge: Reckless Driving by Speed, 80/55 (25 mph). Result: Amended to Speeding, 69/55.
Charge: Reckless Driving by Speed, 83/35 (48 mph). Result: Guilty of Reckless Driving by Speed 83/35. $111.00 fine, 90 days jail with 88 days suspended, 6 months suspended license with restricted license effective immediately. Avoided higher fine and jail sentence and achieved restricted license that is effective without a delay.
Charge: Reckless Driving by Speed, 60/35. Result: Amended to Speeding, 60/35, with $250 fine. Judge amended from misdemeanor to traffic infraction but did not amend the speed due to previous driving record.
Charge: Driving While Suspended due to DUI (46.2-272). Result: Amended to Driving Without a License, $150.00 fine. This result amended the charge from Class 1 to Class 2 misdemeanor and avoided 12 months mandatory license suspension.
Charge: Reckless Driving, General, Accident. Result: Reduced to Improper Driving, $50.00 fine.
2 Charges: (1) Driving Outside Restrictions (18.2-272). Result: Amended to Driving with License Suspended for Proof of Financial Responsibility (46.2-302) - $200.00 fine, 60 days jail - 56 Suspended, No License Suspension, 2 years good behavior; (2) Speeding 38/25. Result: Dismissed by Nolle Pros. Driving outside the restrictions for a license suspended by DUI is typically a 60 day jail sentence on the Peninsula. In this case we achieved only 4 days.
5 Charges: Dismissed 3 charges by nolle pros: Refusal 2nd, Open Container, Underage possession of alcohol. 4th charge: Driving without license - $100 fine. 5th charge: DUI 1st with elevated 0.18 BAC - Result: ASAP, $500 fee with $250 suspended, 120 days jail with 115 suspended, 12 months suspended license.
3 Charges: Dismissed Reckless Driving General and Dismissed Reckless Driving by Speed (81/45) by nolle pros. DUI 1st sentence: ASAP, $500 fine with $250 suspended, 180 days jail - all suspended, 12 months suspended license, eligible for restricted license with 6 month ignition interlock requirement. This result ensured the dismissal of both reckless driving charges while obtaining the minimum permissible sentence for the DUI.
3 Charges: (1) DUI 1st - ASAP, $500 fine with $250 suspended, 90 days jail - all suspended, 12 months suspended license with restricted license, 12 months ignition interlock requirement - may request removal after 6 months with no violation. (2) Reckless Driving by Speed - Amended to Speeding. (3) Failure to Appear - 5 days jail, all suspended.
2 Charges: (1) Illegal Inspection Sticker - Not Guilty!; (2) Fail to Have Vehicle Inspected - Dismissed!.
Charge: Reckless Driving (failure to maintain control) with Accident. Result: Dismissed!
Charge: Failure to Obey Highway Sign. Result: Dismissed!
2 Charges: Trespassing and Destruction of Property. Result: Dismissed upon showing client's compliance with conditions.
2 Charges: (1) DUI 2nd in 10 years, (2) Speeding 83/60. Result: (1) DUI 2nd amended to DUI 1st. (2) Speeding 83/60 amended to Speeding 73/60. Sentence: (1) DUI: $2500 fine, 30 days jail, ASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Speeding: $78.00 fine. The amendment from DUI 2nd to DUI 1st reduced the license suspension from 3 years to 1 year and made client eligible for a restricted license immediately instead of after a 4 month delay.
2 Charges: (1) Driving with suspended license, 3rd offense. Result: Amended to 1st offense. $100 fine, 90 days jail with 80 suspended (5 days to serve on weekends), 90 days suspended license, 2 years good behavior. (2) Failure to Obey Highway Sign. Result: $50 fine. The amendment from 3rd offense suspended license to 1st offense avoided 10 mandatory days of jail.
Charge: ASAP Violation. Result: Reinstated into ASAP with strict compliance, suspended jail sentence.
Charge: DUI, 1st, with elevated 0.20 BAC. Result: Amended to DUI, 1st, with standard BAC, ASAP, $250.00 fine, 2 years good Behavior, 12 month Suspended/Restricted License, 6 months interlock, 90 days jail - 86 Suspended. The amendment reduced the jail from 5 days to 2 days.

July
2 Charges: DUI 1st, Reckless Driving by Speed. Result: (Agreement with prosecutor) Dismissed Reckless Driving by Speed by Nolle pros. DUI amended to Reckless Driving General with $250 fine, 90 days jail - all suspended, ASAP, 50 hours community service to be monitored by ASAP, 6 months suspended license. This result avoided conviction of DUI or Driving after underage consumption of alcohol, thereby avoiding ignition interlock requirement. It also reduced the suspended license period from 12 months to 6 months.
2 Charges: Trespassing & Public Intoxication. Result: Both charges dismissed based on client's compliance with judge's conditions!
Charge: Reckless Driving by Speed, 80/60. Result: Amended to Defective equipment with $90.00 fine (no demerit points).
Charge: Speeding 77/60. Result: Defective equipment with $102 fine (no demerit points).
2 Charges: DUI with elevated 0.17 BAC and Reckless Driving. Result: Reckless Driving dismissed. DUI sentence: ASAP, $250.00 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days of jail, 175 suspended, 5 days mandatory (weekends).
Charge: Speeding 70/55. Result: Dismissed!
Charge: Speeding, 69/55. Result: Dismissed with payment of court costs!
Charge: Speeding, 65/45. Result: Amended to Speeding 54/45 with $75 fine. This result reduced the DMV demerit points from -6 (worst category) to -3 (best category for DMV and insurance).
Charge: Speeding, 60/45. Result: Amended to Defective equipment with $250 fine (no demerit points).
Charge: DUI 1st (0.12 BAC). Result: VASAP, $500 fine with $250 suspended, 12 months suspended/restricted license, 12 months ignition interlock (may petition for removal after 6 months), 180 days jail - all suspended, 3 years good behavior. This result ensured the statutory minimum sentence.

August
Charge: Trespassing on City Property. Result: Dismissed!

September
Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 79/60, with $150 fine.
Charge: Reckless Driving by Speed 78/55. Result: Reduced to Defective Equipment with $250 fine.
Charge: Reckless Driving 80/55. Result: Amended to Speeding 74/55 with fine of $114.00.
4 Charges: (1) Improper License Plates. Result: Dismissed by Nolle Pros, (2) Driving with Suspended License. Result: Amended to Driving Without A License, $100 fine, no jail or license suspension (Class 2 misdemeanor instead of Class 1), (3) Marijuana Possession. Result: First Offender Program, Charge to be dismissed on review date without court appearance if comply with 50 hours community service and 6 months restricted license. (4) Show Cause re: not reporting to jail. Result: Complete balance of unsuspended jail sentence, plus additional 10 days.
Charge: Speeding 53/40. Result: Dismissed with payment of court costs!
Charge: Reckless Driving by Speed, 61/25, in School Zone. Result: Guilty, $500 fine, 161 days jail with 157 days suspended (one weekend to serve), No license suspension.
Charge: Speeding 67/45. Result: Amended to Speeding 54/45. This result reduced the DMV demerit points from -6 (worst category) to -3 (least impact).
Charge: Reckless Driving by Speed, 81/55. Result: Amended to Speeding, 64/55. $156 fine plus court costs.
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding 79/60 with $125 fine.
3 Charges: (1) Refusal. Result: dismissed by Nolle pros. (2) Reckless Driving. Result: Dismissed. (3) DUI 1st. Result: $250 fine, ASAP, 180 days jail with 175 days suspended (one weekend to serve), one year good behavior, 12 months suspended license with restricted license, 6 months ignition interlock.
Charge: Reckless Driving by Speed, 77/45. Result: Amended to Speeding, 64/45.
Charge: Reckless Driving by Speed, 96/60. Result: $500 fine, 10 days jail - all suspended, 90 days restricted license. This result avoided an active jail sentence and the possibility of 6 months restricted license.
Charge: Reckless Driving by Speed, 82/55. Result: Amended to Speeding, 74/55.
3 Charges: (1) Refusal 2nd offense. Result: Dismissed by Nolle pros. (2) Open container. Result: Dismissed by Nolle pros. (3) DUI 2nd offense. Result: Amended to 1st offense with ASAP, $250 fine, 90 days jail with all jail suspended, 12 months suspended license, eligible for restricted license, 6 months ignition interlock. Amendment from 2nd offense DUI to 1st offense DUI reduced the license suspension from 3 years to 1 year, avoided mandatory jail, and made client immediately available for a restricted license. Dismissal of the 2nd offense Refusal avoided an additional 3 years of license suspension.
Charge: Speeding, 64/45. Result: Amended to Defective equipment with $25.00 fine (no demerit points).
Charge: Aggressive Driving. Result: Dismissed!
Charge: Driving with Suspended License, 3rd offense. Result: Agreement with prosecutor to amend to Driving Without a License with a $50.00 fine. This result avoided the harsh sentence of the General District Court (10 days jail, 90 days suspended license, 12 months probation).
Charge: Speeding 78/60. Result: Dismissed with payment of court costs!

October
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding 69/60 with $54 fine.
Charge: Speeding, 77/60. Result: Amended to Defective Equipment (no demerit points).
Charge: Reckless Driving by Speed 93/60 and HOV violation. Result: Reckless Driving - $198 fine, no license suspension or jail. HOV violation - $100 fine.
Charge: Speeding 50/25. Result: To be dismissed upon completing driver improvement course.
2 Charges: (1) Suspended License 7th. Result: $1,000 fine with $500 suspended, 365 days jail with 275 suspended, one year good behavior. Appealed case to Circuit Court. (2) Expired State Inspection. Result: Dismissed.
Charge: DUI 1st with elevated 0.15 BAC. Result: Amended to standard BAC to avoid 5 day mandatory minimum jail sentence, ASAP, 90 days jail - all suspended, $1,000 fine with $500 suspended, 12 months suspended license, 6 months interlock, 12 months good behavior.

Charge: Speeding 64/55 (previously amended from 72/55 in General District Court). Result: Judge granted deferred finding for dismissal upon client paying court costs and completing a second driver improvement course.
Charge: Speeding 60/45. Result: Dismissed! Officer was not able to prove the accuracy of his lidar equipment.
Charge: Reckless Driving by Speed 103/60. Result: Guilty with $750 fine. Appealed to Circuit Court.
Charge: Reckless Driving by Speed 82/60. Result: Guilty with $200 fine. Appealed to Circuit Court.
Charge: DUI 1st with elevated BAC. Result: 12 month good behavior, VASAP, $500.00 fine with $200.00 suspended, 12 months suspended/restricted license, 6 months interlock, 90 days jail with 85 days suspended (5 days mandatory).
Charge: Reckless Driving by Speed, 86/70. Result: Amended to Defective Equipment with $50 fine (no demerit points).
2 Charges: (1) DUI, 1st, with elevated 0.15 BAC. Result: ASAP, $1,500 fine with $1,000 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 12 months jail with 11 months, 25 days suspended, 5 days mandatory jail. (2) Fail to Obey Traffic Signal. Result: Dismissed by nolle pros.
Charge: Reckless Driving Speed, 91/60. Result: Amended to Speeding with $200.00 fine.
Charge: Reckless Driving General. Result: Amended to traffic infraction of Fail to Obey Highway Lane Marking, $200 fine.

Charge: Reckless Driving Speed 78/55. Result: Amended to Improper Driving, $180.00 fine.

Charge: Reckless Driving General with Accident. Result: Amended to Improper Driving with $50.00 fine.

Charge: DUI 1st offense with elevated BAC. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, $250 fine, 90 days jail with 85 days suspended (5 days mandatory), 2 years good behavior.

Charge: Reckless Driving by Speed, 90/55 (35 mph over limit). Result: Amended to Reckless Driving by Speed, 85/55 (30 mph over limit). Sentence: $300 fine. No jail sentence and No license suspension.

2 Charges: (1) Reckless driving by speed (83/60). Result: Amended to Speeding (74/60) with fine. (2) Expired Inspection. Result: dismissed with court costs. This result avoided the misdemeanor and reduced the DMV demerit points and DMV reporting period.

Charge: Reckless Driving by Speed, 96/60. Result: $300 fine, 30 hours community service, 10 days jail - all suspended. No license suspension and no active jail.

Charge: Reckless Driving – Fail to Maintain Control (Accident). Result: Amended to Improper Driving with $75.00 fine.

Charge: Failure to Obey Highway Sign (Speeding 73/45). Result: Judge granted trial in deputy's absence. Amended to Improper equipment with $50.00 fine (no demerit points).

Charge: Reckless Driving by Speed, 80/55. Result: Amended to Improper Driving with $100.00 fine.

Charge: Speeding 41/25. Result: Dismissed!

Charges: (1) Stalking, (2) Slander/Libel. Result: Agreement with Prosecutor - General Continuance for both charges to be dismissed if no new violations of the law or of the protective order.

Charge: Reckless Driving by Speed, 84/60. Result: Amended to Speeding, 79/60, with $114.00 fine.

2 Charges: (1) DUI, 2nd within 5 years. Result: 20 days jail (180 days, 160 suspended), fine $1,000 with $500 suspended, 3 years suspended License, ASAP. (2) Suspended License. Result: Dismissed by nolle pros.

3 Charges: (1) DUI, 1st. Result: $250.00 fine, ASAP, 90 days jail - all suspended, 2 years good behavior, 12 months suspended/restricted license (eligible but did not apply). (2) Refusal. Result: Nolle Pros. (3) Show Cause issued due to new DUI charge. Result: Dismissed.

Charge: Reckless Driving by Speed, 77/55. Result: Amended to Speeding, 74/55. This result avoided a criminal misdemeanor and reduced the DMV demerit points and the reporting period for the DMV transcript.

November
3 Charges: (1) DUI, 1st. Result: ASAP, $500 fine with $250 suspended, 365 days jail - all suspended, 12 months suspended license. Did not apply for restricted license due to Maryland resident. (2) Defective Equipment. Result: Dismissed by nolle pros. (3) Underage Alcohol Possession. Result: Dismissed by judge after argument.

3 Charges: (1) Open Container. Result: Dismissed by motion to strike, (2) Refusal. Result: 12 months suspended license, (3) DUI 1st. Result: ASAP, 12 months suspended license, 365 days jail with 345 suspended (10 days to serve after good time credit), $250 fine. Appealed to Circuit Court.

Charge: Reckless Driving by Speed, 60/35. Result: Dismissed by Motion to Strike when officer did not have Lidar Certification of accuracy.

2 Charges: (1) Speed, 83/60. Result: Dismissed! (2) Expired Inspection. Result: $60.00 fine.

Charge: Reckless Driving by Speed, 60/25. Result: Judge noted that speed was too high and imposed the same sentence as the General District Court. Sentence: $400 fine, 30 days jail - all suspended, 60 days suspended license.

Charge: Failure to Yield Right of Way (Accident). Result: Guilty, $30 fine. Appealed to Circuit Court.

4 Charges: (1) Dismissed Failure to Carry Driver's License. (2) Amended Reckless Driving by Speed (80/55) to Speeding, 15-19 mph over limit, $114 fine. (3) Underage Possession of Alcohol to be dismissed on review date if no new violations. (4) DUI, 1st offense, Sentence: ASAP, $250 fine, 12 months jail - all 12 months suspended, 12 months suspended / restricted license, 6 months ignition interlock machine, 2 years good behavior. This result avoided a misdemeanor conviction for Reckless Driving and a traffic infraction for Failure to Carry Driver's License. It also provides for the dismissal of the Underage Possession of alcohol charge on the review date.

2 Charges: (1) Reckless Driving (Failure to Maintain Control, Accident). Result: Dismissed! (2) Failure to Drive on Right Side of Highway. Result: $200 fine.

Charge: Reckless Driving by Speed, 77/55. Result: Amended to Speeding, 74/55, $114.00 fine.

Charge: Reckless Driving by Speed, 88/60. Result: Amended to Speeding, 79/60, $114.00 fine.

2 Charges: (1) DUI - Result: ASAP, 12 months probation, $500 fine, 12 months suspended license, approved for Restricted License, No active jail. (2) Failure to Maintain Lane. Result: Dismissed.

Charge: Speeding in Work Zone (74/55). Result: Amended to Speeding (64/55), $63.00 fine. This result avoided the "work zone" label for insurance and DMV, reduced the DMV demerit points, and reduced the fine.

2 Charges: (1) DUI. Result: $250.00 fine, 180 days jail - all suspended, VASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Fleeing Law Enforcement. Result: Dismissed by nolle pros!

3 Charges: (1) Fail to Stop for Accident. Result: Dismissed by nolle pros. (2) Fail to Obey Lane Markings. Result: Dismissed by nolle pros. (3) Reckless Driving (Fail to Maintain Control). Result: Reckless Driving with 6 months jail - all suspended, no license suspension, no fine, 2 years good behavior.

Charge: Reckless Driving, 95/60. Result: Amended to Disregard Highway Sign, $75.00 fine.

Charge: Reckless Driving by Speed, 83/60. Result: Amended to Speeding, 79/60, $114 fine.

2 Charges: (1) Reckless Driving by Speed, 61/35. Result: Amended to Speeding, 49/35 with $84 fine. (2) Concealed Weapon misdemeanor. Result: 90 days jail - all suspended, Forfeit handgun, 2 years good behavior, No fine, Court costs.

Charge: Driving with Suspended License, 5th offense. Result: Amended to Driving Without a License. $100 fine plus court costs. This result amended the charge from a Class 1 Misdemeanor to a Class 2 Misdemeanor and avoided 10 mandatory days of jail and 90 days license suspension. The charge of Displaying Illegal inspection sticker was previously dismissed.

3 Charges: (1) Failure to Appear (class 1 misdemeanor) and (2) Failure to provide proof of insurance (class 2 misdemeanor). Result: Both were dismissed! This result avoided two misdemeanor convictions. A third misdemeanor of driving with a suspended license was previously amended to driving without a license.

Charge: Reckless Driving by Speed, 83/55. Result: Amended to Speeding, 20 mph over, $168.00 fine.

December

Charge: Speeding 74/60. Result: Dismissed!

Charge: Driving with Suspended License, 1st (class 1 misdemeanor). Result: Amended to Driving Without License in Possession (traffic infraction), $30.00 fine.

Charge: Reckless Driving by Speed, 107/55. Result: Amended to Speeding, 92/55, with $500 fine, 30 days license suspension without restricted license, No jail.

Charge: Speeding, 78/60. Dismissed with payment of court costs!

Charge: Probation violation due to convicted of 7th offense driving while suspended while on probation for 6th offense driving while suspended. Result: Charge was dismissed by nolle pros based on input from the probation officer. Client had been in full compliance other than the new suspended license charge.

2 Charges: (1) Driving While Revoked due to DUI. Result: Dismissed by nolle pros. (2) DUI 2nd in 5 years with 0.24 BAC. Result: $500 fine, ASAP, 3 years suspended license (eligible to apply for restricted after 1 year), Ignition interlock for 6 months, 90 days jail with 50 suspended, 40 mandatory days to serve. This result avoided the fine, court costs, and one year suspended driver's license of the Driving While Revoked charge and ensured the minimum sentence for the DUI.

Charge: Speeding 52/35. Result: Amended to Speeding 44/35, with $54.00 fine.

2 Charges: (1) Tinted License Plate Cover. Result: Dismissed. (2) Reckless Driving by Speed, 85/60. Result: Reckless Driving amended to Improper Driving with $78.00 fine.

3 Charges: (1) Reckless Driving by Speed (85/55). Result: Dismissed by Nolle pros. (2) Failure to Obey Highway Lane Marking. Result: Dismissed with Nolle pros. (3) DUI 2nd in 5 years with 0.10 BAC. Result: DUI sentence: $500 fine, ASAP, 3 years suspended license (eligible to apply for restricted after 1 year), Ignition interlock for 3 years, 60 days jail with 40 suspended, 20 mandatory days to serve - may apply to jail for either weekends or electronic monitoring. This result avoided the fines and costs of a misdemeanor and a traffic infraction while ensuring the minimum sentence for the DUI.

Charge: Reckless Driving by Speed, 70/45. Result: Amended to Speeding, 70/45, with $150 fine.

2 Charges: (1) Reckless Driving (accident). Result: Amended to Improper Driving, $100 fine. (2) No License in Possession. Result: $10 fine.

Charge: DUI 1st offense. Result: $500 fine with $250 suspended, ASAP, 90 days jail with 90 days suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.

4 Charges: (1) DUI 2nd in 5 years. Result: Amended to DUI 1st. (2) Refusal 2nd. Result: dismissed by nolle pros. (3) Leaving scene of accident. Result: Dismissed by nolle pros, (4) Fail to appear. Result: Not guilty. This outcome avoided three misdemeanors, 3 years license suspension for the refusal, and 20 days mandatory jail for the DUI 2nd. The sentence for the DUI 1st: ASAP, $250 fine, 6 months jail with all jail suspended, 12 months suspended license. Client did not apply for a restricted license.

Charge: Reckless Driving, 77/55, in Active Work Zone. Result: Amended to Speeding 69/55, $98 fine.

Charge: Speeding, 73/55 in Active Work Zone. Result: Amended to Speeding 64/55, $63 fine.

2 Charges: (1) DUI, 1st. Result: $500 fine with $250 suspended, 90 days jail, all suspended, complete ASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Reckless Driving (fail to maintain control, accident). Result: Dismissed.

3 Charges: (1) DUI 1st. Result: Complete ASAP, $250 fine, 12 months suspended / restricted license, 6 months ignition interlock, 180 days jail with 175 suspended (5 days mandatory to serve). (2) Reckless Driving. Result: Dismissed. (2) Wrong way on one-way street. Result: Dismissed.

Charge: Reckless Driving by Speed, 78/55. Result: Amended to Speeding, 64/55.

Charge: Reckless Driving by Speed, 78/55. Result: Amended to Speeding, 64/55.

3 Charges: (1) DUI with elevated BAC. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 300 days jail with 270 suspended (15 days to serve with good time credit), $500.00 fine. (2) Refusal. Result: Dismissed. (3) Expired State Inspection. Result: Dismissed.

Charge: Speeding 60/35. Result: Amended to Speeding, 54/35.

Charge: Failure to Yield Right of Way (accident). Result: Court costs only, no fine. Judge considered that client has a CDL and held him to a higher standard.

Passing a Stopped School Bus - Defense Attorney - Matney Law PLLC

Passing a Stopped School Bus

Passing A Stopped School Bus

Matney Law PLLC of Newport News Virginia has put together the following information for your information.  The Virginia Code penalizes passing a stopped school bus with two separate provisions.  Code section 46.2-844, Passing Stopped School Buses, punishes the offense as a civil penalty.  However, code section 46.2-859, Passing A Stopped School Bus, criminalizes the offense as a class 1 misdemeanor under the reckless driving category.

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Passing a Stopped School Bus - Defense Attorney - Matney Law PLLCThe Law

Section 46.2-844, the civil version, is considered a lesser included offense of the reckless driving code section, so the same driver cannot be convicted of both charges from the same violation.  This is significant because convictions of the two charges result in such different outcomes.  The less serious 46.2-844 provides only “a civil penalty of $250” and does not carry any DMV demerit points.  On the other hand, a conviction under the reckless driving section, 46.2-859, would result in a criminal conviction that would appear permanently on the driver’s criminal history and eleven years on the driver’s DMV transcript, while also subjecting the driver to six DMV demerit points and the possibility that a judge could impose a fine, license suspension, and/or jail.

The language of the two code sections is very similar with most of the charge descriptions being identical, as indicated by the underlined portions:

“The driver of a motor vehicle approaching from any direction a clearly marked school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, who … fails to stop and remain stopped until all such persons are clear of the highway, private road or school driveway …”  46.2-844, emphasis added to identify identical language.

“A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion …”  46.2-859, emphasis added to identify identical language.

The two code sections also include identical language rendering it “prima facie evidence that the vehicle is a school bus” upon “the testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices …”

In practice, the difference between the two charges is the perceived risk that the driver imposed on those who were entering or leaving the bus.  Judges consider such factors as whether anyone was actively boarding or exiting the bus and whether the driver stopped and proceeded, slowed, or did not react at all in response to the stopped school bus.

Drivers run the risk of being charged under these code sections even if they are not stopped immediately at the location of the offense.  If the police are not available or able to stop and identify the transgressing driver at the time of the violation, then a summons may still be issued.  The Virginia Code provides that if a summons is “issued within ten days of the alleged violation,” then it will be presumed that the registered owner of the vehicle was the driver when the offense occurred.  The owner is entitled to present evidence that he or she was not driving the vehicle at the time in order to rebut or contradict this presumption.

The initial determination when charged with passing a school stopped school bus is whether code section for reckless driving or section for a civil infraction applies.  If charged with a criminal misdemeanor under the reckless driving code provision, then it is vital to prepare appropriately to seek an amendment to the lesser offense.

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.

2015 Case Results

2015 Case Results

This is a listing of the 2015 Case Results handled by Matney Law, PLLC.  Matney Law defends people in traffic court charged with, DUI, DWI, drunk driving, reckless driving, traffic law, speeding, accident, suspended license, failure to yield.  Our coverage area includes all of Hampton Roads, especially Newport News, Hampton, Yorktown, Williamsburg, York County, James City County, Virginia Beach, Norfolk, Chesapeake, and Suffolk, and Isle of Wight.

Responsible Lawyer

Responsible Lawyer. Mark R. Matney is the lawyer who is responsible for the content of this website. He may be contacted at 13195 Warwick Blvd., Suite 2B, Newport News, Virginia 23602, Telephone 757-968-5636, Email Mark@MatneyLawPLLC.com.  Below is a list of 2015 Case Results.

Disclaimer for Case Results

I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2015 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. I have also labeled the court as Peninsula (Hampton, Newport News, York/Poquoson, Williamsburg/James City County), Tidewater (Norfolk, Chesapeake, Portsmouth, Virginia Beach, Suffolk, Isle of Wight, Surry, Southampton), or Out of Area for all other courts.

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 Reckless Driving Cases

In every case where a Reckless Driving charge is amended to Speeding or Improper Driving, the criminal misdemeanor is avoided and the result is a traffic infraction.  This reduces the length of time the charge remains on the driver's DMV transcript and in most cases it also reduces the number of DMV demerit points.

January

Peninsula Court, State Trooper, Client present. Charge: Reckless driving by Speed (85/70). Result: Amended to Speeding with no reduction in the speed with $250 fine.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: Driving with Suspended License. Result: Amended to lesser charge of Driving Without a License. Avoided mandatory license suspension of the original charge.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (82/60). Result: Amended to Speeding (79/60) with $114 fine.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving with accident while backing tractor trailer. Result: Amended to Improper Backing with NO fine (court costs only).
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (95/70). Result: Guilty of RD by Speed (95/70). Sentence: $500 fine, 60 days suspended license with immediate restricted license, jail suspended except for 2 days - leaving one day to serve. Client appealed to the Circuit Court.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI 1st, 0.08 BAC & Failure to Stop for Highway (Stop) Sign. No contest pleas with proffer and request for amendment of the charge. Result: Guilty of DUI and Dismissal of Failure to Obey Highway Sign. Sentence: $250 fine, ASAP, 90 days jail - all suspended, one year suspended/restricted license, 6 months ignition interlock.
Peninsula Court, City/County Police, Prosecutor involved, Client present. 4 Charges: DUI 2nd in 5-10 years with elevated BAC, Fictitious plates, Failure to obtain registration, & Failure to obey highway lane marking. Result: Agreement with prosecutor. Nolle pros 3 charges: Fictitious plates, Failure to obtain registration, Failure to obey highway lane marking. Amended DUI 2nd in 5-10 years to DUI 1st. Sentence: $500 fine, ASAP, one year suspended/restricted license, 6 months ignition interlock, 6 months jail with all but 5 days suspended (5 mandatory due to 0.20 BAC). Amendment from 2nd to 1st offense reduced mandatory jail from 20 days to 5 days and reduced license suspension from 3 years to 1 year. This result also permitted a restricted license immediately instead of after a 4 month delay.
Peninsula Court, State Trooper, Prosecutor involved, Client present. Charge: Aggressive Driving (following too closely, cut off two cars, 93 mph). Result: Guilty with sentence of 30 days jail – 28 suspended (1 overnight to serve with good time credit), $500 fine, 90 days suspended license. This was a Circuit Court appeal in which the final result was better than the General District Court by reducing the jail from 3 days to 1 day.
Peninsula Court, State Trooper, Prosecutor involved, Client present. Charge: Reckless Driving by Speed (90/65). Result: Amended to Speeding (79/65) with $250 fine.
Tidewater Court, State Trooper, Client present. Charge: Reckless Driving by Speed (87/60). Result: Amended to Speeding (79/60) with $114 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (82/60). Result: Amended to Speeding (79/60) with $132 fine.
Peninsula Court, State Trooper, Trial in absence. Charge: Reckless Driving by Speed (82/60). Result: Amended to Speeding (79/60) with $132 fine.
Peninsula Court, Client present, No appearance by City/County Police. Charges: Reckless Driving, Driving with Suspended/Revoked license 7th offense. Both charges dismissed upon motion to dismiss for failure to prosecute.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (55/35). Result: Amended to Speeding (54/35) with $150 fine.
Peninsula Court, State Trooper, Client present. Charge: Speeding (79/60). Result: Amended to Speeding (69/60), which reduced DMV demerit points from -4 to -3.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving - Failure to Maintain Control (Accident). Result: Amended to Improper Driving with $50 fine.
Tidewater Court, State Trooper, Prosecutor involved, Client present. Charge: Reckless Driving by Speed 88/55. Result: Guilty of Reckless Driving. Sentence: $250 fine, 6 months suspended/restricted license, 2 years good behavior, 30 days jail - all suspended.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving in Parking Lot (accident). Result: Amended to Improper Driving with $75 fine.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (70/45). Result: Amended to Speeding (64/45) with $180 fine.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Passing Stopped School Bus (a misdemeanor). Result: Amended to Passing Stopped School Bus (46.2-844), a civil infraction, with $250 fine.
Peninsula Court, Prosecutor involved, Client present. Review date to determine sentence for Driving after license forfeited due to DUI. In General District Court judge sentenced to 60 days jail, one year license suspension, $200 fine. Circuit Court result: Amended to lesser charge of Driving without a license, $350 fine, No jail, No license suspension.
Peninsula Court, Prosecutor involved, ASAP representative and Client present. Charge: ASAP violation. Result: Judge determined that a violation occurred and sentenced to 90 days jail with 88 days suspended (one overnight to serve with good time credit).

February

Tidewater Court, City/County Police, Client present. Charge: Reckless Driving by Speed (83/55). Result: Amended to Speeding (75/55) with $120 fine.
Tidewater Court, State Trooper, Client present. Charge: Reckless Driving. Result: Guilty of Reckless Driving. Sentence: $250 fine, one year good behavior, 90 days jail - 86 suspended (one weekend to serve).
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (70/45). Result: Amended to Speeding (64/45) with $250 fine.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: DUI 1st. Result: Guilty of DUI. Sentence: $250 fine, ASAP, 180 days jail - all suspended, 12 months suspended/restricted license, 6 months ignition interlock. Client appealed to Circuit Court.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (79/55). Result: Amended to Speeding (74/55) with $250.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (93/60). Result: Amended to Speeding to avoid misdemeanor but speed not amended (93/60), $198 fine, 40 Hours Community Service.
Peninsula Court, City/County Police, Trial in absence due to client residing in Maryland. Charge: Speeding 60/35. Result: Speeding (54/35) with $114 fine. Reduced DMV demerit points from -4 to -3.

March

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI, Reckless Driving, Refusal, Failure to Maintain Lane. Result: Dismissed Reckless Driving, Nolle pros Refusal and Failure to Maintain Lane. DUI sentence = $250 fine, 20 hours community service, 12 months suspended/restricted license, 6 months interlock, ASAP, 12 months jail- 11 months & 10 days suspended, 10 days jail to serve after good time credit.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: Destruction of Property. Agreement with prosecutor: Charge to be dismissed in one year if client pays court costs, completes 20 hours of community service, and remains of good behavior.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (83/60). Result: Amended to Speeding (69/60) with $54.00 Fine.
Peninsula Court, Client present. Charge: ASAP Violation. Result: Not Guilty.
Peninsula Court, State Trooper, Trial in client’s absence. Charge: Reckless Driving by Speed (86/60). Result: Amended to Speeding (86/60) to avoid misdemeanor, but judge did not reduce the speed. $156 Fine.
Peninsula Court, City/County Police, Client present. Charges: Violation of restricted operator's license, Illegal tint, and Failure to Appear. Result: License and Illegal tint charges dismissed. Guilty of Failure to appear with $250 fine. Appealed the Failure to appear to Circuit Court where it was ultimately dismissed.
Out of Area Court, City/County Police, Client present. Amended from Reckless Driving to Speeding with $250 fine.
Peninsula Court, City/County Police, Client present. Charge: Suspended License - 3rd. Result: Guilty of 3rd offense driving with suspended license. Sentence: $2500 fine with $2200 Suspended, 10 mandatory days of jail - weekends, 30 days suspended license.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI with elevated 0.26 BAC and Speeding (61/45). Result: Speeding charge dismissed. DUI sentence: ASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, 90 days jail with 80 suspended (10 days mandatory due to elevated BAC).
Peninsula Court, State Trooper, Prosecutor involved, Client present. Charges: Felony Assault on Law Enforcement Officer, DUI, Refusal, Reckless Driving, and Obstruction of Justice. Result: Dismissed/Nolle pros Refusal, Reckless Driving, Obstruction of Justice. DUI Sentence = $250 fine, ASAP, 12 months suspended/restricted License, 6 months ignition interlock, 12 months jail - all suspended. Felony Assault on Law Enforcement Officer = amended to misdemeanor assault with $100 fine and 12 months jail with 11 months suspended (15 days to serve).
Tidewater Court, City/County Police, Prosecutor involved, Client present. Charges: DUI 3rd offense within 5 years and Refusal 3rd offense. Written Agreement: 1. Nolle Pros/dismissal of Refusal 3rd offense. 2. DUI 3rd offense: $1000.00 fine, Driver's License Revoked, 3 years probation; 5 years jail with 4 ½ years suspended leaving 6 months mandatory jail. Client permitted to serve jail sentence with work release and home monitoring. This result avoided 3 years license suspension from the Refusal charge. It also accomplished the mandatory minimum jail sentence for a 3rd offense.

Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed, 91/70. Result: Guilty of Reckless Driving, $400 fine, 60 days suspended/restricted license, No jail.

Peninsula Court, State Trooper, Prosecutor involved, Client present. Charge: Reckless Driving by Speed (95/70). Result: Guilty of Reckless Driving, 60 days suspended/restricted license, $500 fine, 30 days jail with 28 days suspended (One overnight to serve).
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: DUI with accident. DUI Sentence: $500 fine with $250 suspended, ASAP + 2 years good behavior, 6 months interlock, 30 days jail - all jail suspended, 12 months suspended/restricted license.

Tidewater Court, State Trooper, Client Present. Charge: Reckless Driving – General Category. Result: Guilty of Reckless Driving with $250.00 fine and 30 days jail with all jail suspended.

Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (90/60). Result: Dismissed - identified that the certification of accuracy for the radar equipment was expired.

Tidewater Court, City/County Police, Client present. Charge: DUI with elevated BAC. DUI sentence: 5 days mandatory jail, $250 fine, ASAP, 12 months suspended/restricted license, 6 months ignition interlock.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI, Refusal, Reckless Driving, Failure to Obey Traffic Signal. Result: Reckless Driving dismissed, Nolle Pros Refusal. Fail to Obey Traffic Light - court costs only. DUI: $250.00 fine, ASAP, 180 days jail - all suspended, 12 months suspended/restricted license, 6 months ignition interlock.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI with BAC above 0.20, Reckless Driving, Result: Dismissed Reckless Driving. DUI: $250.00 fine, ASAP, 180 days jail with 170 suspended leaving 10 mandatory day, 12 months suspended/restricted license, 6 months ignition interlock.

Peninsula Court, State Trooper, Trial in client’s absence. Charge: Speeding (76/60). Judge continued the case to a review date to be dismissed upon payment of court costs and completing a driver improvement course.

Peninsula Court, City/County Trooper with prosecutor, Client Present. Charges: DUI, Reckless Driving, Driving with Suspended license. Result: Dismissed Reckless Driving, Nolle Pros Driving Suspended. DUI: $250 fine, ASAP, 180 days Jail - all suspended, 12 months suspended license (Ignition Interlock not required because did not request restricted license).

April

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI 2nd, Reckless Driving. Result: Reckless Driving dismissed. DUI 2nd amended to DUI 1st. Sentence = ASAP, $250 fine, one year suspended/restricted license, 6 months ignition interlock, Jail = 180 days jail with 175 suspended (5 days mandatory jail due to high BAC). Amendment from 2nd to 1st offense reduced mandatory jail from 20 days to 5 days and reduced license suspension from 3 years to 1 year. This result also permitted a restricted license immediately instead of after a 4 month delay.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI 3rd (felony), Reckless Driving. Result: Reckless Driving Dismissed. DUI 3rd (felony) amended to DUI 2nd within 5 years (misdemeanor). Sentence = ASAP, $500 fine, 3 years Suspended License, 6 months interlock when eligible. 365 days jail with 345 days suspended (20 days mandatory for 2nd offense). Amendment from 3rd to 2nd offense reduced from felony to misdemeanor and reduced mandatory jail from 6 months to 20 days. This result also permitted restricted license in one year instead of after 3 years.

Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (59/30). Result: Dismissed - challenged radar certification that expired one day before client was stopped.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI with elevated 0.15 BAC and Reckless Driving. Result: Reckless Driving Dismissed. DUI amended from 0.15 to standard BAC. DUI Sentence = ASAP, 90 days jail - all suspended, 12 months suspended/restricted license, 6 months ignition interlock, $500.00 fine with $250.00 suspended. Amendment avoided 5 days mandatory jail.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI and Failure to obey traffic signal. Result: Nolle Pros Red Light Violation. DUI Sentence = ASAP, $500.00 fine with $250.00 suspended, 90 days jail - all suspended, 12 months suspended/restricted license, 6 months ignition interlock.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (72/35). Result: Amended to Speeding (54/35) with $114 fine.

Tidewater Court, City/County Police, Prosecutor involved, Client present. Charge: DUI. Result = DUI, 1st. Sentence = $250 fine, ASAP, all jail suspended, 12 months suspended/restricted license, 6 months ignition interlock.

Peninsula Court, City/County Police, Prosecutor involved. Charge: DUI. Result: Nolle pros by the prosecutor.

Peninsula Court, City/County Police, Prosecutor involved. Charge: DUI 2nd. Prosecutor had evidence that client had two prior DUI convictions but agreed not to pursue amendment to 3rd offense (felony) upon plea to 2nd DUI. Sentence: $500 fine with 9 months to pay, ASAP, 3 yrs suspended license, 365 days of jail - 305 suspended (45 days to serve on weekends). Avoided amendment of the charge from misdemeanor to felony.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving (accident - failure to maintain lane). Result = Dismissed with payment of court costs.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (83/65). Result: Improper Driving with $250 fine.

Tidewater Court, State Trooper, Client Present. Charge: Reckless Driving by Speed (93/55). Result: Amended to Speeding (74/55). $114.00 Fine.

Peninsula Court, City/County Police, Client present. Charge: Failure to Obey Highway Sign. Result: To be dismissed on review date if court costs paid, no further violations, and driver improvement course completed.

Peninsula Court, State Trooper, Client Present. Charge: Reckless Driving by Speed (85/65). Result: Amended to Speeding (74/65), $54.00 fine.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI and Reckless Driving. Result: Dismissed Reckless Driving; Sentence for DUI: $250 fine, ASAP, 180 days jail - all suspended, 6 months ignition interlock, 12 months suspended/restricted license.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI 2nd in 5 years with elevated BAC, Speeding. Result: Nolle Pros Speeding. Amended 2nd DUI within 5 years with 0.17 BAC to 2nd DUI in 10 years with 0.14 BAC. Sentence: ASAP, $500 fine, 180 days jail - 170 suspended (weekends), 3 years suspended license, restricted after 4 months, ignition interlock. The amendments reduced mandatory jail from 30 days to 10 days and allowed restricted license in 4 months instead of 12 months.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving (81/70). Result: Amended to Speeding 79/70, $100.00 fine.

May

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving General. Result: Amended to Improper Driving with $50.00 fine.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (86/60). Result: Amended to Speeding (79/60), $162.00 fine.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (89/60). Result: Amended to Speeding (80/60), $232.00 fine.

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI, Reckless Driving, Failure to Appear. Result: Dismissed Reckless Driving and Failure to Appear. Sentence for DUI: $500 fine with $250 suspended, ASAP, 180 days jail - all suspended, 6 months ignition interlock, 12 months suspended/restricted license.

Federal Court, Prosecutor involved, Client Present. Charge: Speeding (46/25). Result: Amended to Speeding (44/25) with $75.00 fine. Reduced DMV demerit points from -6 to -4.

Peninsula Court, City/County Police, Client Present. Charge: Reckless Driving General (Accident). Result: Dismissed.

Peninsula Court, City/County Police, Client Present. Charge: Reckless Driving (Failure to maintain control / Accident). Result: Dismissed.

Peninsula Court, City/County Police, Client present. Charge: Reckless Driving General (Accident). Result: Amended to Improper Driving with $50.00 fine.

Peninsula Court, City/County Police, Client present. Charge: Driving with Suspended License (4th offense, misdemeanor). Result: Amended to Driving without License in Possession (non-demerit point violation) with $10.00 fine. Avoided mandatory jail and license suspension.

Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (88/65). Result: Guilty of Reckless Driving, $168.00 fine, 4 hours custody. Client appealed to Circuit Court.

Peninsula Court, State Trooper, Prosecutor involved, Client present. Charges: DUI and Reckless Driving by Speed (97/60). Result: Both charges dismissed at trial.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed. Result: Amended to Speeding (79/65).

Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI, Reckless Driving, Open Container. Result: Nolle Pros Reckless Driving and Open Container. DUI sentence: 180 days jail - 175 suspended, 12 months good behavior, VASAP, 12 months suspended/restricted license, 6 months ignition interlock.

June

Peninsula Court, State Trooper, Prosecutor involved, Client present. Charge: DUI. Result: Nolle pros of the DUI.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (89/65). Result: Reckless Driving with $350 fine, No Jail and No License Suspension.

Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (97/65). Result: Reckless Driving with $2500 fine, 90 days suspended license, NO jail.

Peninsula Court, State Trooper, Client Present. Charge: Reckless Driving (82/65). Result: Amended to Speeding (80/60) with $120.00 fine.
Peninsula Court, State Trooper, Client Present. Charge: Reckless Driving (83/65). Result: Amended to Speeding (80/60) with $120.00 fine.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: DUI, 0.15 BAC. Result: 0.15 BAC amended to standard BAC to avoid 5 days mandatory jail. Sentence: 180 days jail - all suspended, ASAP, $500.00 fine with $250.00 suspended, 12 months suspended/restricted license, 6 months ignition interlock.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: DUI. Result: DUI. Sentence = $250.00 fine, 90 days jail - all suspended, ASAP, one year suspended/restricted license, 6 months ignition interlock.
Out of Area Court. State Trooper, Client present. Charge: Reckless Driving by Speed (94/70). Result: Amended to Non-moving violation with $200.00 fine.
Peninsula Court, Prosecutor involved, Client present. Charge: Assault. Result: Nolle pros.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: DUI. Sentence: $250.00 fine, one year suspended license, no restricted license or ignition interlock requirement, 90 days jail - all suspended.
Peninsula court, State Trooper, Trial in client’s absence. Charge: Reckless Driving by Speed (81/60). Result: Amended to Speeding (69/60) with $54.00 fine.
Peninsula court, City/County Police, Trial in client’s absence. Charge: Speeding (49/35). Result: Dismissed.
Peninsula court, City/County Police. Charge: Driving with suspended license. Result: Dismissed.
Peninsula court, City/County Police, Client present. Charges/Results: 1. Speeding 40/25 = $90.00 fine. 2. No Registration in Possession = Dismissed. 3. Driving w/suspended license, 3rd offense: $500.00 fine, 180 days jail with 170 suspended (10 mandatory), 90 days suspended license. This client had a DMV point balance of -20.
Peninsula court, State Trooper, Client present. Charge: Aggressive Driving. Result: Dismissed.

July

Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (62/35). Result: Amended to Speeding with $200.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (63/35). Result: Amended to Speeding with $200.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (62/35). Result: Amended to Speeding with $156.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (85/60). Result: Dismissed. Radar Calibration Certificate was expired.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving General. Result: Not Guilty.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (60/35). Result: Amended to Speeding with $250.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (99/60). Result: Reckless Driving. Sentence: $750 fine with $250 suspended, 30 days jail - all suspended, No active jail & No license suspension.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (89/60). Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (83/60). Result: Amended to Speeding (79/60) with $200.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (89/60). Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (89/60). Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (87/60). Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: Assault. Result: To be dismissed on review date if conditions met.
Peninsula Court, City/County Police, Prosecutor involved, Client Present. Charge: Driving on Suspended License (3rd offense). Result: Amended to 2nd offense. Avoided 10 days mandatory jail required for a 3rd offense.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI, Refusal, Felony Hit & Run. Result: All charges dismissed at trial.
Out of Area Court. State Trooper, Prosecutor involved, Client present. Charge: Following too closely. Result: Nolle pros.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI with elevated 0.22 BAC and Reckless Driving. Result: Dismissed Reckless Driving. Amended DUI with 0.22 BAC (10 days mandatory jail) to 0.14 BAC (No mandatory jail). Sentence: ASAP, $250 Fine, 180 days jail with 175 days suspended, 12 months suspended/restricted license. This result reduced the jail sentence from 10 days mandatory to 2 days to serve after applying credit for good time and day of the arrest).
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI and Reckless Driving. Result: Dismissed Reckless Driving. DUI sentence: $250 Fine. ASAP, 180 days jail - all suspended, 12 months suspended/restricted license.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI, Reckless Driving, Failure to Obey Traffic Signal. Result: Dismissed Reckless Driving, Nolle pros Failure to Obey Traffic Signal. DUI sentence: ASAP, $250 Fine, 180 days jail - all suspended. 12 months suspended/restricted license.
Peninsula Court, Prosecutor involved, Client present. Petition for Driver’s License Reinstatement. Judge granted full restoration of driver’s license conditioned on 6 months ignition interlock.

August

Peninsula Court, State Trooper, Client present. Charge: Speeding (82/70) Result: Amended to Speeding (69/70) with $54 fine. Reduced DMV demerit points from -4 to -3.
Peninsula Court, Prosecutor involved, Client present. Petition for Driver’s License Reinstatement. Judge granted full restoration of driver’s license.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Amended from Driving while revoked due to DUI to Driving without a License. Sentence = $500 fine, 6 months jail - 4 months suspended. This result avoided a 12 month license suspension.
Tidewater Court, City/County Police, Prosecutor involved, Client present. Charge: DUI with elevated BAC and Wrong way on highway. Result: Nolle Pros Wrong way on Highway. DUI sentence: $500.00 fine/$250.00 Suspended, ASAP, 365 days jail - 360 Suspended, 5 Days Mandatory Jail due to elevated BAC, 12 months Suspended License, No Request for Restricted license so no Ignition Interlock requirement.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving General. Result: Amended to Improper Driving with $30.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Speeding (10-19 mph over). Result: Amended to Speeding (9 mph over limit) with $54 fine. Reduced DMV demerit points from -4 to -3.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving General. Result: Amended to Improper Driving.
Peninsula Court, Client present. Charge: Show cause for contempt of court. Result: Not guilty of contempt / Show cause dismissed.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (88/60). Result: Amended to Speeding (79/60) with $200 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (81/60). Result: Amended to Speeding (81/60) with $126.00 fine. Amended to avoid misdemeanor, but speed not changed due to driving history.
Peninsula Court, State Trooper, Client present. Charge: Suspended License (3rd offense). Result: Amended to Driving without License with $200.00 fine. This result amended the charge from class one misdemeanor to class two and avoided 10 days mandatory jail and 90 days license suspension.
Peninsula Court, State Trooper, Client present. Charge: Speeding (65/45). Result: Amended to Speeding (54/45) with $54.00 fine. Reduced DMV demerit points from -4 to -3.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (85/55). Amended to Speeding (74/55) with $114.00 Fine.
Peninsula Court, State Trooper, Client present. Charge: Failure to Yield of Way (Accident). Result: Dismissed.
Tidewater Court, City/County Police, Client present. Charge: Public Intoxication. Result: Dismissed.
Peninsula Court, State Trooper, Client present. Charge: Speeding (80/60). Result: Amended to Speeding (69/60) with $54 fine. Reduced DMV demerit points.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (82/65). Result: Amended to Speeding (77/60) with $102 fine.

September

Peninsula Court, State Trooper, Trial in client’s absence. Charge: Speeding (78/60). Result: Amended to Defective Equipment with $150.00 fine.
Tidewater Court, State Trooper, Prosecutor involved, Client present. Charge: Reckless Driving by Speed (88/60). Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, City/County Police, Client Present. License charge. $200.00 fine, 30 days jail - all suspended, 20 hours Community Service and No additional license suspension.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed over 80 mph. Result: Amended to Speeding (79/60) with $250.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed over 80 mph. Result: Amended to Speeding (79/60) with $120.00 Fine.
Peninsula Court, City/County Police, Client present. Charge: Driving Suspended (Misdemeanor) and Speeding (65/55). Result: Amended to No License in Possession (a non-demerit point traffic infraction) with $30.00 fine and Defective Equipment with a $30.00 fine.
Peninsula Court, State Trooper, Client present. Reckless Driving by Speed over 80 mph. Result: Amended to Speeding (79/60) with $180.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving General (involved driving wrong way on a road with a divided median). Result: Amended to Improper Driving with $100.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Driving with suspended license (3rd offense). Result: Amended to 2nd offense with $200.00 fine and 90 days suspended license. Avoided 10 days mandatory jail that would have been required for a 3rd offense.
Out of area Court, Client present. Charge: ASAP Show Cause/Non-Compliance (failure to complete classes). Result: Reinstated into ASAP, Revoked 2 days of Suspended Jail (one overnight to serve), with no fine.
Peninsula Court, Client Present. Charge: Reckless Driving General (accident). Result: Amended to Improper Driving with court costs only and no fine. Additionally, charge will be dismissed on review date if no new violations.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: Brandishing firearm. Result: Dismissed by Nolle Pros.
Peninsula Court, Citizen complainant, Prosecutor involved, Client present. Charge: Assault & Battery. Result: Dismissed by Nolle Pros.
Tidewater Court, City/County Police, Prosecutor involved, Client present. Charge: Reckless Driving General. Result: Amended to Disregard Highway Sign with $30.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (82/60). Result: Dismissed.
Peninsula Court, State Trooper, Trial in absence. Charge: Reckless Driving (Failure to Maintain Control with accident). Result: Dismissed.
Tidewater Court, City/County Police, Client present. Charge: Reckless Driving General. Result: Amended to Disregarding Lane Marking with $35.00 fine.

October

Peninsula Court, State Trooper, Trial in client’s absence. Charge: Reckless Driving by Speed over 80 mph. Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed over 80 mph. Amended to Speeding (80+ mph) with $120.00 fine. Amended from misdemeanor to traffic infraction, but the speed was not reduced.
Out of Area Court, City/County Police, Prosecutor involved, Client present. Review date for DUI 1st. Result: Amended to Reckless Driving after client complied with conditions.
Tidewater Court, City/County Police, Client present. Charge: Reckless Driving by Speed (105/60). Result: Guilty of Reckless Driving - No jail, $500.00 fine, 30 days suspended / restricted license.
Peninsula Court, Review date. Charge of Failure to Obey Highway Sign dismissed upon client’s compliance with conditions.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charge: Felony possession of controlled substance. Result: Amended to Misdemeanor possession of paraphernalia with written Plea Agreement. Sentence: 1 year supervised probation; 2 years good behavior; $500 Fine; No illicit drugs; 12 months jail - all suspended except 2 days.
Tidewater Court, State Trooper, Prosecutor involved, Client present. Charge: DUI with elevated BAC. Trial with DFS and defense experts. Guilty of DUI. Sentence: $1,000 fine with $500 suspended; 5 days mandatory jail due to high BAC, ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock device. Case appealed to Circuit Court.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: Reckless Driving (86/45) and Failure to Appear. Result: Both charges Dismissed.
Peninsula Court, City/County Police, Client present. Charge: Speeding (78/60). Amended to Speeding (69/60) with $54.00 fine. Reduced DMV demerit points.
Tidewater Court, State Trooper, Prosecutor involved, Client present. Charge: Reckless Driving General (involved endangering oncoming traffic while passing). Result: Evidence sufficient for Reckless Driving, but charge to be amended to Improper Driving if client pays fine and does not incur any new violations before review date.
Peninsula Court, State Trooper, Prosecutor involved, Client present. Charges: DUI and Reckless Driving. Result: Nolle pros Reckless Driving. DUI sentence: $250 fine, ASAP, one year suspended/restricted license, 90 days jail - all suspended, 6 months ignition interlock.
Peninsula Court, Citizen complainant, Client present. Charge: Assault on family member. Result: To be dismissed on review date if client complies with conditions.
Peninsula Court, City/County Police, Client present. Charge: Speeding (62/45). Result: Judge found Guilty as charged due to the driving record (two prior speeding & four accidents) with $102.00 fine.

November

Peninsula Court, State Trooper, Client present. Charge: Reckless driving by Speed (81/60). Result: Dismissed.
Peninsula Court, ASAP representative, Client present. Charge: ASAP Show Cause/Non-Compliance (ignition interlock violation). Result: Finding of ASAP violation, No fine, 4 days jail (2 days to serve), Client permitted to continue in ASAP.
Tidewater Court, City/County Police, Client present. Charge: Reckless Driving by Speed (72/45). Result: Amended to Speeding (64/45) with $250.00 fine.
Peninsula Court, City/County Police, Client present, Two witnesses for the prosecution. Charge: Failure to Obey Traffic Signal (with accident). Result: Guilty with $50.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Reckless Driving by Speed (67/45). Result: Amended to Speeding (54/45) with $54.00 fine.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges: DUI and Reckless Driving. Result: Reckless driving dismissed. DUI sentence: $250.00 fine, 180 days jail - all suspended, ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock.
Peninsula Court, Rangers, Prosecutor involved, Client present. Charges: Felony 3rd DUI, Driving after forfeiture of license due to DUI. Prosecutor proposed to direct indict client for a different license charge that carries one year mandatory jail. Agreement with prosecutor: Waived Preliminary Hearing with prosecutor to pursue the less serious license charge and both sides to argue legal issue in Circuit Court regarding whether 3rd offense should be amended to 2nd offense.
Peninsula Court, State Trooper, Prosecutor involved, Client present. Charge: DUI. Result: Amended to Reckless Driving. Sentence: 30 days jail - all suspended; $500 fine with $250 suspended; ASAP; License suspended/restricted for 6 months.
Peninsula Court, State Trooper, Client present. Charge: Unsafe Lane Change - Accident. Result: Dismissed.
Out of Area Court, State Trooper, Prosecutor involved, Client present. Charges: (1) Driving after illegally consuming alcohol (2) Failure to drive on right side of highway. Results: (1) Amended to Reckless Driving General with No fine; 60 days suspended license; one year local probation with substance abuse screening; 3 years good behavior. (2) $200 fine + costs.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges and Results: (1) Trespassing - Nolle Pros: (2) Underage Possession of tobacco - Nolle Pros; (3)Unlawful Destruction of Private Property – to be dismissed upon 30 hours community service and $300 restitution; (4) Underage Possession of Alcoholic Beverage – to be dismissed if complies with: 6 months License Suspension, Drug/Alcohol Screening, 50 hours Community Service; (5) Possession of Marijuana – to be dismissed if complies with: 6 months License Suspension, Drug/Alcohol Screening, 24 hours Community Service.
Peninsula Court, State Trooper, Trial in client’s absence. Charge: Reckless Driving by Speed (81/60). Result: Amended to Speeding (79/60) with $114 fine.
Tidewater Court, State Trooper, Trial in client’s absence. Charge: Reckless Driving by Speed (85/60). Result: Amended to Speeding (69/60) with $150.00 fine.
Peninsula Court, Prosecutor involved, Client present. Charges: DUI and Stopping on Highway. Result: Stopping on Highway dismissed. DUI sentence: $300 fine, ASAP, Suspended/Restricted license for one year, Ignition interlock, all jail suspended.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (89/55). Result: Amended to defective equipment with $25.00 fine.

December

Peninsula Court, State Trooper, Client present. Charge Reckless Driving by Speed (85/60). Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, State Trooper, Client present. Charges: Speeding (78/60) and No Operator's License in Possession. Result: Dismissed both charges.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (84/60). Result: Amended to Speeding (79/60) with $114.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Driving with Suspended License (3rd offense). Result: Amended to Driving without a License with $50.00 fine. Avoided 10 days mandatory jail and 90 days mandatory license suspension that would have been required for 3rd offense driving with suspended license.
Peninsula Court, State Trooper, Client present. Charge: Speeding (76/60). Result: To be dismissed on review date if (1) Pay court costs, (2) No new violations, and (3) Complete driver improvement course.
Peninsula Court, City/County Police, Client present. Charge: Passing school bus. Result: Dismissed with payment of court costs.
Peninsula Court, City/County Police, Client present. Charges and results: (1) Dismissed defective equipment; (2) Failure to yield right of way amended to failure to obey highway sign. Additionally, to be dismissed on review date if no new violations and pay court costs.
Tidewater Court, City/County Police, Client present. Charge: Speeding (80/70). Result: Amended to Defective Speedometer.
Out of Area Court, Prosecutor involved, Client present. Petition for License Reinstatement after being declared a Habitual Offender. Full hearing with opposition by prosecutor. Judge granted FULL restoration of driving privileges.
Peninsula Court, City/County Police, Prosecutor involved, Client present. Charges and Results: (1) DUI with accident - Judge concerned that BAC was still above legal limit three hours after the accident, $250.00 Fine, 180 days jail - all suspended, ASAP, 12 months suspended/restricted License, 6 months ignition interlock; (2) Reckless Driving - Dismissed; (3) Driving without License - Dismissed.
Peninsula Court, City/County Police, Client present. Amended from Reckless Driving by Speed (74/25) to Speeding at 20+ mph with $250.00 fine. Amended to avoid the misdemeanor, but speed not reduced.
Tidewater Court, Prosecutor involved, Client present. Charge: DUI. Prosecutor presented five police witnesses who were involved in the stop, field tests, and breath test. Result: Guilty of DUI. Sentence: 12 months probation, Substance abuse evaluation and treatment as recommended, suspended license, $500 fine, 40 hours community service, all jail suspended.

Peninsula Court, State Trooper, Client present. Charge: Failure to Obey Highway Signal (Red light violation). Result: Dismissed.
Peninsula Court, State Trooper, Client present. Charge: Reckless Driving by Speed (85/60). Result: Amended to Speeding at 20+ mph with $150.00 fine.
Peninsula Court, City/County Police, Client present. Charge: Public intoxication. Result: Public intoxication with $25.00 fine. Judge was concerned about prior alcohol related conviction.
Peninsula Court, City/County Police, Trial in absence. Charge: Speeding (60/45). Result: Dismissed with payment of court costs.
Peninsula Court, State Trooper, Client present. Charge: Commercial vehicle height violation. Result: Dismissed.
Peninsula Court, City/County Police, Client present. Charge: Speeding (43/25). Result: Dismissed with payment of court costs.