Mark was extremely professional and pleasant to work with

Traffic Attorney 5.0 Stars, Posted by Brittany C.
I worked with Mark Matney. Mark was extremely professional and pleasant to work with. He told me exactly what documentation I needed to provide and gave step by step instructions on what was needed and what the duties were on my end. When we made it to court, he was kind and non-judgmental and made sure we went over everything in a way that took the edge and anxiety off. I’d recommend Holcomb Law to anyone looking for a traffic attorney. I do not regret having him on my side but I know I would have regretted if he wasn’t!

Mr. Matney got the charges dropped

Reckless Driving 10/10, Posted by DaLovely N.
I just want to say that Mr Matney and his assistant Ms Dana were amazing. My husband had a failure to appear and a reckless driving charge. They were very professional from the very beginning, giving us all the information needed and what we should do and expect when we got down there because we live in Texas. They really worked hard on my husband’s case. Ms Dana kept me informed on everything that was going on so we would not be left out in the dark. I really appreciated her. Then after everything we went through Mr. Matney got the charges dropped. We can’t thank him and his associates enough. A definite recommend! 10/10

Don't Wait To Get a Lawyer

DUI and Reckless Driving, 5.0 stars, Posted on www.avvo.com by anonymous
I didn’t know what to do after I was charged with DUI and Reckless. Everyone told me the same thing, DON’T WAIT TO GET A LAWYER. I looked at a lot of attorneys online but ultimately chose to consult with Mark. I figured if he’s half as good a lawyer as he is a Christian, I might stand a chance. After I hired him, the burden was lifted and I left the outcome in God’s hands. We were able to negotiate a plea agreement. The DUI was DISMISSED. I got a better outcome than I had even hoped for.

I can not Thank Mr. Matney Enough

Reckless Driving, 5.0 stars, Posted on Google My Business by Jordan
I can not thank Mr. Matney enough and will forever be grateful. Had to go to court for a reckless driving ticket, noticed that my situation was a tricky one due to being in the military and how strict VA traffic laws are, and living out of state in Maryland. Mr. Matney did a wonderful job with explaining what process we would take and gave me helpful advice on what do to do to prepare for my court date. Follow Mr. Matney’s advice and suggestions and you’ll be golden and well prepared for when your court case comes up because ultimately the judge saw the extra work we put in and brought my reckless driving charge down to just a defective speedometer one. If you’re military I highly suggest Mr. Matney. Again thank you sir and I’m forever grateful.

Mark Matney is The Nicest Guy Ever and He Knows His Stuff

Best Attorney Ever!!!, 5.0 stars, Posted on www.avvo.com by anonymous
Mark Matney is the nicest guy ever and he knows his stuff. I was charged with a stupid reckless driving charge and my uncle who is a big wig attorney in Manhattan referred me to Mr. Matney. For a very reasonable fee Mr. Matney agreed to represent me and he told me everything I needed to know and do to get my charges dropped/lowered so I wouldn't be facing a misdemeanor. I did everything he told me and even when I needed more time to do the community service he got me an extension. He made the process super easy and he even offered to go to court for me but said it would be better if I came and showed up so I went and I got my charges reduced to improper driving and just paid a fine. BEST MONEY SPENT EVER.

First Time Getting a Ticket

First time getting a ticket and it was an out of state ticket in Virginia. Mr. Matney was referred to me by a friend and I reached out by email, receiving a call from him after 5 pm on a Friday asking me all my information and giving me advise even before I hired him. Once I did the communication on the process and how everything would and should work was quick and spot on. The advice given to me by Mr. Matney and his team, (Mary Alice and Claire) was a big relief and helped calm my fears never having dealt with a ticket but an out of state ticket at that. The out come of my speeding ticket was that it was reduced to defective equipment. Having given them all my information and probably more than they needed helped Mr. Matney prepare my case and I didn't even have to drive over 3+ hrs to be in court that day. Would recommend them (and have already) to anyone who receives a ticket in VA - and watch out for those rural areas where the speed changes quickly!

Excellent Job Representing Me!

Mark Matney did an excellent job representing me in a reckless driving charge. I was more than satisfied with his work. He was thoroughly professional and experienced, knew the law, and described what would happen when we appeared in court. He laid out the possible outcomes, carefully distinguishing between the most desirable outcome (charges dismissed) and what we might have to consider as an acceptable outcome (charges reduced, which was the outcome and with no demerit points). Mark is a courteous, friendly person, who listened to my story and made me feel comfortable during the entire process. I would not hesitate to use his services again or recommend him.

So Thankful I Called Attorney Mark Matney

After my accident, I was extremely nervous about my court fine(s), insurance rate going up, and the mark it would leave on my driving record. I rear-ended someone in stop-and-go traffic, which caused them to rear-end the car ahead of them - nobody was hurt, and I was given a "following too closely" ticket. My best option was to hire a lawyer, but, being from out of town left me blindsided since I knew nobody in the area who could recommend the best lawyer. After investigating many law firm websites, I decided to call Attorney Mark Matney, and I am SO thankful I did! Their Avvo badges on their website, the provided list of case outcomes, and the many wonderful reviews I read were what made my decision easy. I also liked that the consultation was free! I left a message, since I called after office hours, but shortly after leaving my message Mr. Matney called me back. I explained my situation to him and he made sure to ease my mind as he explained how having a lawyer through this process would work. He answered all of my questions thoroughly and made me feel very comfortable about having his firm represent me. Not once did I feel rushed or like I was just another paycheck. His assistants were both very sweet and helpful throughout the time leading up to my court date, too. Ms. Abigail Hockett represented me on the date, and I feel that she is just as wonderful as Mr. Matney! She called me about a week before the court date to go over information and she, too, put my mind at ease. She explained the possible outcomes and finalized the exchange of any additional documents I had that would help support my case (new tire receipts, etc.) On my court date, she went over what would happen in the courtroom and had given the judge documents to support my case beforehand to look over, in the hopes of the best possible outcome - dismissal of the ticket. I think we were in the courtroom for all of five minutes... after the judge called my name, he looked at my paperwork and dismissed my ticket. Thank you so much, Attorney Mark Matney, for everything you have done for me! From all of the reviews I have read, it seems like this is the royal treatment that every one of your clients gets. Hopefully I will not be in the same situation again, but if I am I will absolutely hire you again without hesitation. If you are on the fence as to what law firm can help you, I urge you to call Attorney Mark Matney. 10/10 experience.

Fantastic service

5.0 stars - Posted by Michael

Received a summons for reckless driving while on travel to VA (85mph in a 60). Called Mark immediately upon arrival to my hotel. He returned my call within a very short amount of time. His price is fair, staff is exceptional, and he has a plan. He put me at ease and gave me confidence that things would be ok after preparing for the trial date. His approach is pragmatic and realistic...

Mark Randolph Matney’s response: “Rewarding result. You definitely helped us to help you by following the game plan and providing the documents that helped me present your case to the judge.”

DUI and Reckless Driving

5.0 stars - Posted by anonymous

It was one of the hardest moments of my life. I was pulled over for going 85 in a 60 and DUI. My career was about to be over. I keep asking myself how I could have been so stupid. I chose Mr. Matney after calling and reviewing a few Lawyers. I was facing a Reckless Driving charge and DUI. I was going to lose my license for a year, face huge fines, maybe...

Mark Randolph Matney’s response: “Thank you for your humbling review. This was a case where our pretrial preparation helped us exploit a weakness in the prosecutor's case. May you continue to see God's blessings in every area of your life.”

Wills and Trust

5.0 stars - Posted by anonymous

Mr. Matney did not advertise that he dealt with wills and trust, but he took care of doing this for us. He was very professional and met with us several times before finalizing the document. He was very assuring to us that what we wanted would be done in a timely manner and it was. Very happy that we have Mr. Matney as our lawyer.

Mark Randolph Matney’s response: “Thank you for your testimonial. I appreciated the opportunity to help. When I was with a general practice firm earlier in my career, I was trained in estate planning. I enjoy the opportunity to help people with their wills or trusts because I know that it will benefit them and their loved ones.”

Great Representation

5.0 stars - Posted by Paul

Mark Matney and his staff were very helpful and diligent in their representation of myself and my case. Communication was quick and concise, but easy to understand and the follow up when contacted was great. Great attorney and great office staff to deal with

Mark Randolph Matney’s response: “We appreciated the opportunity to help with this defense. This result is a good example of the importance of prior planning. In this reckless driving by speed case, we were able to avoid the misdemeanor even though the trial was held in the client's absence since he was an out of state resident.”

Professional and Respectful Representation

5.0 stars - Posted by anonymous

Mr. Matney and staff showed a level of professionalism, sensitivity and respect that I have not experienced from any dealings with other lawyers. He kept in contact with me on a consistent basis and kept me abreast of all processes and procedures. His representation resulted in a very satisfying outcome in my case. I highly recommend this wonderful team!

Mark Randolph Matney’s response: “I especially appreciate your comment for its acknowledgement of the outstanding help I receive from my staff. We appreciated the opportunity to participate in your case and to help you resolve a difficult situation. Thank you.”

Charge Reduced

5.0 stars - Posted by Brian

I called Mr. Matneys office a couple minutes before they closed and he talked to me about my case for a little while. He was in no rush to get off the phone and answered all my questions. When I hung up I knew I had found my attorney. In court he maintained his cool and very collected composure and got my reckless reduced to improper driving. Would recommend him to anyone with a traffic/dui charge.

Mark Randolph Matney’s response: “Thank you for your input Brian. I believe that a significant part of my role as lawyer is helping people to prepare for their time in court. I want each client to know what to expect and to feel ready for any questions that are raised during the hearing.”

One of VA's finest Attorneys!!

5.0 stars - Posted by Sheref

I am from NJ and was travelling to VA Beach Labor Day weekend. I was pulled over by a state trooper for doing 85 in a 60 and received a reckless driving ticket. The trooper explained that this was a mandatory court appearance. Upon researching the VA traffic laws, I learned if found guilty one could face jail time, a criminal record and heavy fines...

Mark Randolph Matney’s response: “Thank you for the opportunity to help you. I am very glad for your successful result! Part of my work is helping clients who are not local to understand the unique elements of the Virginia traffic laws and courts.”

December 21, 2016

Charged with Failure to Yield Right-of-Way (§ 46.2-863)?

The specific language of Virginia Code Section 46.2-863, Failure to Yield Right-of-Way, must be examined when defending against this charge.
If the location is not governed by a “Yield Right-of-Way” sign, then to achieve a conviction under this code section the Commonwealth must prove four specific elements:
1. The driver entered a “highway.”
2. The driver entered the highway “from a side road.”
3. The driver did not “bring his vehicle to a stop immediately before entering [the] highway.”
4. Traffic was approaching “within 500 feet” of the location where the driver was entering the highway.

Guilty of Charge?

The driver cannot be found guilty of the charge if any of the requirements is missing.
If the driver is not entering onto a highway or is approaching a highway sign, then a different code section may apply. For example, Virginia Code Section 46.2-864 governs reckless driving in a parking lot and Virginia Code Section 46.2-821 controls yielding when approaching a stop sign or yield sign on a highway.
If the driver stopped before proceeding, or if there is no witness to whether the defendant stopped before proceeding, then the evidence would be insufficient for a conviction.
It is also critical that the Commonwealth prove that the driver pulled out when another vehicle was within 500 feet. I recently argued a case in which the police officer demonstrated each of the first three requirements, but was unable to estimate the distance between the oncoming vehicle and the client’s vehicle at the time the client pulled onto the road. The judge dismissed the charge for lack of this essential evidence.

November 28, 2016

DUI FAQs

DUI Defense Attorney Mark Matney of Holcomb Law, 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) 703-4556 or Click Here to email Attorney Mark Matney 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.

November 13, 2016

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.

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.

November 13, 2016

Resources

This resources center page has been provided by DUI Defense Attorney Mark Matney defends people in traffic court for speeding tickets, DWI, drunk driving, reckless driving, driving while suspended, speeding tickets. Attorney Mark Matney defends people in Williamsburg, Yorktown, Hampton, James City County. Please call the Attorney Mark Matney firm at (757) 703-4556 for a free review of your traffic infraction!

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The Lawyers at Holcomb Law PC in Newport News Virginia defend people against traffic violations. Attorney Mark Matney 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.

November 5, 2016

Top Traffic Court Defense Team In Hampton Roads
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Traffic Violations

The Lawyers at Attorney Mark Matney - Holcomb Law, PC in Newport News Virginia defend people against traffic violations. Attorney Mark Matney 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

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. Attorney Mark Matney - Holcomb Law, PC 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.

The Effects of Traffic Violations

November 5, 2016

Meet Our Team

Mark R. Matney

Mark R. Matney is a lawyer who concentrates on driving related matters. Whether the case involves DUI, Reckless Driving, or another traffic charge, Mr. Matney goes to the mat to defend his clients. With offices in Newport News and Williamsburg, Attorney Mark Matney defends clients in traffic court throughout the Hampton Roads area of Virginia, including Williamsburg, Yorktown, Hampton and Newport News.

Call (757) 703-4556 or Click Here to email Mark Matney for a Free, No-Obligation Case Review!

November 5, 2016

Mark Matney - Holcomb Law

Mark Matney is an attorney at Holcomb Law in Newport News Virginia who's mission is to help you obtain the best possible result for your traffic-related case. Attorney Matney will answer your questions, coach you on trial preparations, and advocate for you on your trial date. Great results come from great preparation. Mark Matney (Virginia's Top Ranked Traffic Court Defense Lawyer) has offices in Newport News and Williamsburg, Virginia, but serves clients throughout Hampton Roads. He has the experience and the systems needed to prepare you and your case for the best outcome. Visit (Avvo Reviews) for testimonials of clients who were charged with reckless driving, DUI / DWI, speeding tickets, driving with a suspended license, driving without a license, hit-and-run, and other serious traffic charges. Our attorneys focus on the traffic courts in Newport News, Hampton, York County / Poquoson, Williamsburg and James City County and beyond. We defend everyone from high school students to our military.

DUI Defense Lawyer - Matney Law defends people in traffic court - Newport News VA

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Amazing Representation

I hired Mr. Matney to represent me in court for a Reckless Driving charge. I was going 95 in a 65. The other five lawyers who I spoke to all essentially stopped listening to me after they heard my speed and were all but certain I was going to jail. Mr. Matney heard me out, and shot very straight saying there was a possibility I could go to jail, but there was also a chance I could avoid jail if I followed his plan. Mr. Matney gave me a clear plan of what to do and how we would defend my case. With Mr. Matney help, I was able to get my charged reduced a simple speeding, for 79 in a 65. I paid a $100 fine and did not have to go to jail. This was the best possible outcome. I would highly recommend Mr. Matney and his legal services.

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Mark Matthey was an awesome attorney
5.0 stars

Posted by Hannah
February 16, 2022
I had a reckless driving charge. Mark told me exactly what I needed to do and got my charged changed to a defective speedometer with no points on my license. I'd recommend him to anyone

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Excellent, Highly Recommended!
5.0 stars

Posted by anonymous
January 31, 2022
Mr. Matney worked with me, the public attorney, plaintiff, and judge to find a resolution that was not only reasonable but actually solved issues and concerns from both parties. The outcome was just as expected in terms of achieving desired goals from both parties. I highly recommend Mr. Matney as an attorney at law to anyone with Speeding and traffic ticket, DUI and DWI, Criminal defense cases.

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ATTORNEY ENDORSEMENTS

James DePasquale,
Relationship: Fellow lawyer in community

I endorse this lawyer. Mark Matney is a great attorney. When a family member of mine caught a reckless driving ticket in Virginia Mark was referred to us by a family friend. Mark did a great job helping my relative and in the end there was a great result. He is a wonderful person and a man of faith. He is hands down the best traffic/DUI attorney in the area. He knows the law and he knows the system. I would recommend no one else in Hampton Roads for a driving matter. I fully endorse Mark Matney.

DUI and Traffic Defense Attorney

DUI Attorney Mark Matney of Holcomb Law, will defend you throughout the Hampton Roads area of Virginia. The lawyers at Holcomb Law defend people in traffic court charged with DUI, DWI, Reckless Driving, and other driving related charges. They also help those who need to reinstate their licenses after habitual offender or felony DUI. We encourage you to read the reviews of former clients. They reflect our approach to helping you obtain the best possible result based on the facts of the charges you are facing. We give the time necessary to evaluate, research, and prepare for trial for your case. We involve you by recommending steps you can take to help us prepare and by discussing the strengths and weaknesses of the evidence with you. We will show you your rights and show you that there is hope.

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Mark was extremely professional and pleasant to work with

Mr. Matney got the charges dropped

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Mark Matney is The Nicest Guy Ever and He Knows His Stuff

Fantastic Job

First Time Getting a Ticket

Excellent Job Representing Me!

So Thankful I Called Attorney Mark Matney

Fantastic service

Impressed by Your Kindness & Consideration

DUI and Reckless Driving

I Got My Ticket Reduced Significantly

Wills and Trust

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Charge Reduced

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Resources

Find your Court House Here

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Find your Speedometer Calibration Provider Here

Consult the list of Referral Attorneys Here

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Find your Virginia Alcohol Safety Action Program ASAP Here

More About Attorney Mark Matney

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So You Got A Ticket

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