York County Court House

2016 Case Results

2016 Case Results

This is a listing of the 2016 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.

Disclaimer for Case Results…

I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2016 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.

January

Newport News.  Reckless Driving by Speed, 65/35, $250.00 fine.  Avoided misdemeanor and reduced demerit points.
Hampton.  Speeding, 69/60.  Result: Amended to Defective Equipment with $54.00 fine. No demerit points.
Newport News.  Public Intoxication.  Result: Dismissed.
Newport News.  Reckless Driving by Speed, 89/60.  Result: Amended to Speeding, 79/60, $250.00 fine. Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by Speed, 87/60.  Result: Guilty of RD with $200 fine. Appealed to Circuit Court.
Norfolk.  2 Charges: (1) DUI with elevated BAC of 0.18, (2) Failure to Appear.  (1) Agreement with prosecutor for DUI = Amended to Standard BAC to avoid 5 days jail, ASAP, $500.00 fine with $250.00 suspended; 12 months jail – all suspended, 12 months suspended/restricted License, 6 months ignition interlock, 2 years good behavior. (2) Dismissed Failure to Appear.
Isle of Wight.  Reckless Driving by Speed, 77/55.  Result: Amended to Speeding 64/55, $132 fine.  Avoided misdemeanor and reduced demerit points.
Williamsburg / James City County.  DUI 1st and Refusal.  Nolle pros Refusal charge.  Appealed DUI to Circuit Court.
Suffolk.  Misdemeanor Failure to Yield Right of Way approaching stopped emergency vehicle.  Result: Dismissed.
Newport News.  DUI 1st & Hit and Run.  Result: Agreement with prosecutor. Amended DUI to Reckless Driving, Nolle Pros Hit and Run.  Sentence:  $350.00 fine.  No probation or restricted license.
Williamsburg / James City County.  Expired Registration.  Result: No fine or court costs. No demerit points.
Hampton.  Speeding, 70/55.  Result: Amended to Defective Equipment with $25.00 fine. No demerit points.
York.  ASAP/Probation Violation.  Result: Guilty of Probation Violation. Sentence: Revoked the 80 days suspended jail and Re-suspended 40 days, leaving 20 days active jail after good time credit, terminated ASAP, no fine.
Williamsburg / James City County.  Charge: DUI (RD previously dismissed in GDC.) Result: DUI. Sentence: VASAP, $250 fine, 90 days jail – all suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.
Isle of Wight.  Reckless Driving by Speed, 74/45.  Amended to Speeding, 54/45, $174.00 fine.  Avoided misdemeanor and reduced DMV demerit points.

February

York.  Speeding, 59/35.  Amended to Speeding, 54/35, $114.00 fine.  Reduced DMV demerit points.
York.  Felony DUI 3rd offense.  Result: Amended to Misdemeanor DUI 2nd offense after hearing challenging the sufficiency of one of the prior court orders. Sentence: 12 months jail with 8 months suspended; 3 years suspended license; ASAP & CCD probation; $500 fine; $50 trauma fund; Eligible for restricted license after 12 months.  Reduced from Felony to Misdemeanor.
York.  3 Charges: DUI, Refusal, Failure to Obey Highway Lane Marking. Result: Negotiated an amendment of the DUI to Reckless Driving with Nolle pros of the charges of Refusal and Failure to Obey Highway Lane Markings. Sentence for the Reckless Driving was severe due to the tradeoff to avoid the DUI and Refusal convictions. Sentence: $500 fine, ASAP, 6 months suspended license, 90 days jail with 86 suspended (one weekend to serve), 2 years good behavior. Video showed client performed fairly well on field sobriety tests. However, client hit the curb and refused the preliminary breath test and the formal breath test.  Avoided DUI and ignition interlock.
Newport News.  2 Charges: Driving w/suspended license, Failure to Dim Headlights.  Result: Dismissed Failure to Dim Headlights, Amended Driving with Suspended License charge to No Operator’s License in Possession with $10.00 fine. Avoided misdemeanor and license suspension and achieved traffic infraction with no DMV demerit points.
Newport News.  Reckless Driving by Speed, 91/60.  Amended to Speeding, 20+ mph, Fine: $186.  Avoided misdemeanor.
Newport News.  Reckless Driving by Speed, 60/35.  Amended to Speeding 54/35, $114.00 fine. Avoided misdemeanor and reduced demerit points.
Newport News.  Possession of Marijuana. Result – Nolle Pros. Officer agreed that there were proof issues so the judge brought the prosecutor into the case to nolle pros the charge. Dismissed.
Williamsburg / James City County.  Felony Grand Larceny. Result: Guilty. Sentence: 5 years jail with, 4 years and 9 months suspended (3 months to serve), 7 years supervised probation, restitution of $1,299.00.
Newport News.  Reckless Driving – Failure to Maintain Control (Accident).  Result: Amended to Improper Driving, $50.00 fine.  Avoided misdemeanor and reduced demerit points.
York.  Speeding, 54/35.  Amended to Improper Equipment, $50.00 fine.  No DMV demerit points.
Newport News.  Reckless Driving by Speed, 82/60.  Amended to Speeding, 74/60, $84.00 fine. Avoided misdemeanor and reduced demerit points.
Hampton.  Speeding 45/25 in School zone.  Amended to Speeding, 34/25.  Reduced DMV demerit points.
Hampton.  Speeding, 79/60.  Amended to Speeding 69/60, $54.00 fine.  Reduced DMV demerit points.
Newport News.  Reckless Driving by Speed, 83/60.  Amended to Speeding 69/60, Fine $54.00.  Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by speed, 92/60. Amended to Speeding, 20+, $200.00 fine. Avoided misdemeanor.
Suffolk.  Speeding, 77/60.  Result: Dismissed with payment of court costs only.  Dismissed.
Hampton.  2 charges:  (1) Reckless Driving by Speed, 81/60. Amended to Speeding, 79/60, $114.00 fine.  (2) Illegal window tint – Dismissed.  Avoided misdemeanor and reduced demerit points.
Hampton.  2 Charges: Destruction of Property & Trespassing.  Withheld findings for both charges.  To be dismissed in one year if comply with conditions.

March

Sussex.  Reckless Driving by Speed, 99/70.  Result:  Guilty of Reckless Driving, $445.00 fine, 60 days suspended license, NO jail.
Gloucester.  2 Charges: DUI 2nd and Refusal.  (1) Nolle Pros Refusal, 2nd Offense.  (2) DUI, 2nd in 10 years. Sentence = ASAP, 6 months jail with 5 months + 20 days suspended (10 days mandatory), $500.00 fine, 3-year suspended license (eligible for restricted after 4 months).
Hampton.  DUI with elevated 0.21 BAC. Trial on not guilty plea. Result: Guilty of DUI. Sentence: VASAP, $500 fine with $250 suspended, 30 days jail – all suspended (10 days mandatory), 2 years good behavior, 12 months suspended license, 6 months ignition interlock.
York.  Speeding, 80/65.  Amended to Defective Equipment, $50.00 fine.  No DMV demerit points.
Isle of Wight.  DUI 1st.  Amended from DUI 1st to Reckless Driving (general). Sentence = ASAP, $250.00 fine, 30 days jail – all suspended, 6 months Suspended License, Restricted License after 3 months,  2 Years Good Behavior.  Avoided DUI and ignition interlock.
Newport News.  2 Charges: (1) Reckless Driving by Speed, 88/65. Amended to Speeding, $150.00 fine.  (2) Failure to secure child in seatbelt – Dismissed.  Avoided misdemeanor.
Newport News.  Reckless Driving by Speed, 67/45.  Amended to Speeding, 54/45.  Avoid misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by Speed, 57/35.  Amended to Speeding, $132.00 fine. Avoided misdemeanor.
Newport News.  2 Charges – (1) DUI with elevated BAC (0.15) and (2) Reckless Driving.  Agreement with prosecutor: (1) Reckless Driving dismissed.  (2) DUI amended from elevated (0.15) to standard to avoid mandatory jail.  ASAP; $250.00 fine + costs = $450.00, 12 month suspended license – eligible for Restricted License – 6 month ignition interlock; one year good behavior.
Newport News.  3 Charges: DUI, Refusal, RD.  Agreement with CA (1) Refusal – Nolle Pros, (2) RD dismissed, (3) DUI Conviction.  Sentence:  DUI – ASAP, $250.00 fine, 180 days jail – all suspended, 12 months restricted license, 6 months Ignition Interlock, one year good behavior.
New Kent.  Improper/Erratic Lane Change.  Result: Amended to Fail to Obey Hwy Sign, a -0- demerit point infraction, $75.00 fine and driver improvement class.  Avoided DMV demerit points.
Newport News.  Reckless Driving by Speed, 87/60.  Dismissed.
Newport News.  Reckless Driving by Speed, 75/55.  Amended to Speeding, 64/55, $54.00 fine.
Isle of Wight.  Charges: (1) Concealed Weapon; (2) Distribution of Marijuana.  Agreement with Prosecutor.  (1) Guilty of concealed carry – (a) Court Costs, (b) all jail suspended – 60 days, (c) No fine, (d) Forfeit weapon, (e) 24 months good behavior.  (2) Marijuana Distribution amended to possession with First Offender Program (1) 6 months good behavior, (2) 6 months suspended license, (3) Class-CCP = (3 hour class), (4) Court Costs, (5) To me dismissed with no court appearance if comply with terms.
Newport News.  3 Charges: (1) DUI 1st (elevated BAC); (2) Reckless Driving – Accident; (3) Following too closely (accident). Agreement with prosecutor to dismiss reckless driving, nolle pros following too closely, and amend DUI to lower BAC to avoid active jail.  $250.00 fine, ASAP, 180 days jail – all suspended, 12 months suspended/restricted license, 6 months ignition interlock.
York.  Failure to Yield Right of Way.  Dismissed.
Accomack.  Following Too Closely.  Dismissed.
Virginia Beach.  Underage possession of alcohol. First Offender: (1) Court Costs; (2) ASAP; (3) Good behavior. To be dismissed on review date.

April

Newport News.  Reckless Driving – Fail to maintain control (accident).  Amended to Improper Driving, $30.00 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  Civil Trial. Defended landlord against former tenant’s Warrant in Debt action seeking return of the security deposit. Judge ruled in favor of my client after 1 1/2 hour trial in which we showed that the tenant breached the lease. Successfully avoided any award to client’s opponent.
Newport News.  Reckless Driving by Speed, 86/60. Result: Amended to Speeding, 20+ over limit, $156.00 fine.  Avoided misdemeanor.
Newport News.  2 Charges: (1) No operator’s License – Dismissed. (2) Reckless Driving by Speed 91/60 – Amended to RD 90/60, $750.00 fine, 10 days jail – All Suspended, 6 months Restricted License.  Appealed to Circuit Court.
Newport News.  6 charges. Dismissal / Nolle pros of 4 charges: (1) Reckless Driving, (2) Refusal 2nd, (3) Open Container, and (4) Suspended License.  Guilty / Sentenced for 2 charges: (5) DUI 2nd in 10 years – Sentence:  ASAP, $500.00 fine, 180 days jail with 160 days suspended, 3 years Suspended License with/ Restricted after 4 months, 2 year good behavior. (6) Evade & Elude Police. Sentence: 180 days jail with 160 days suspended. One year good behavior.
Newport News.  Speeding, 80/60.  Amended to Speeding 79/60, $114.00 Fine.  Reduced DMV demerit points.
Williamsburg / James City County.  Charges: (1) DUI, 2nd in 5 years, 0.19 BAC, (2) Reckless Driving by Speed, 60/35, (3) Driving with Suspended License (46.2 – 301).  Results: (2) Nolle Pros Reckless Driving by Speed, (3) Amended Suspended. License to Driving without a License (46.2 – 300), $150.00 Fine, 60 days jail (all suspended). (1) DUI 2nd – (a) ASAP, (b) $500.00 Fine (c) 3 years Suspended License (Restricted after 12 months), (d) 180 days jail – 150 days suspended. Avoided 90 days additional license suspension and achieved mandatory minimum sentence despite second offense with elevated BAC in short amount of time after prior DUI.
Newport News.  Reckless Driving by Speed 64/45.  Amended to Speeding 54/45, $54.00 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  3 Charges:  (1) DUI, (2) Refusal, (3) Reckless Driving by Speed (75/45).  Result: Nolle Pros Refusal and RD by Speed.  DUI Sentence- $250.00 fine, ASAP, 180 jail – all suspended, 12 months Suspended/Restricted License, 6 months ignition interlock, one year good behavior. Two charges dismissed and mandatory minimum sentencing for DUI charge.
Suffolk.  2 Charges: (1) Aggressive Driving, (2) Fail to Obey Highway Lane Markings.  Trial Result: Dismissed Fail to Obey Highway Lane Markings.  Aggressive Driving Sentence: $75.00 fine.
Williamsburg/James City.  DUI 1st and Refusal. DUI sentence: 90 days jail – all suspended, $250.00 fine, 12 months suspended license, ASAP, Ignition Interlock 6 months, 2 years good behavior. Nolle Pros Refusal.  Dismissed Refusal and mandatory minimum sentence for DUI.
York.  2 Charges: (1) Driving Suspended (3rd) amended to Driving without a License (46.2-300). (2) Dismissed Fail to have vehicle Inspected. Amendment of Driving Suspended avoided 10 days mandatory jail and avoided 90 days mandatory license suspension.
York.  Speeding 55/35.  Amended to Speeding 54/35, $114 fine.  Reduced DMV demerit points.
Sussex.  Reckless Driving by Speed, 91/70.  Amended to Speeding, 79/70, $400 fine.  Avoided misdemeanor and reduced DMV demerit points.
Newport News.  Speeding, 60/45. Result:  Amended to Speeding, 54/45, $54.00 fine.  (Judge considered amendment to defective equipment, but declined this due to -7 DMV Transcript).
Hampton.  Following too closely (Accident).  Result:  Dismissed!
Norfolk.  DUI 1st, elevated 0.18 BAC. Agreement with prosecutor to amend from elevated BAC to standard BAC to reduce from 5 days mandatory minimum jail to one weekend of jail. Sentence:  $500.00 fine with $250.00 suspended, VASAP, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail with 176 days suspended (one weekend to serve), 2 years good behavior.
Isle of Wight.  Reckless Driving.  Amended to Improper Driving, $100.00 fine.  Avoided misdemeanor and reduced DMV demerit points.

May

Hampton.  Speeding, 78/60. Amended to Speeding 65/60, $30.00 fine.  Reduced DMV demerit points.
Suffolk.  4 Charges:  DUI, Refusal, Driving without a License, Defective Equipment.  Agreements with Prosecutor = Nolle pros 3 charges: Refusal, Driving without A License, Defective Equipment.  DUI Sentence = $250.00 fine, ASAP, 30 days jail – all suspended, no request for Restricted License because client does not own a vehicle, 2 years good behavior.
York.  Speeding, 79/65.  Amended to Improper Equipment, $50.00 fine.  Avoided DMV Demerit points.
York.  Following too Closely (accident).  Amended to Improper Equipment, $50.00 fine.  Avoided DMV demerit points.
Newport News.  Reckless Driving, Passing Stopped School Bus.  Result: Amended to Improper Driving, $150.00 fine.  Avoided Misdemeanor, decreased demerit points from -6 to -3, decreased length of time the charge will appear on DMV Transcript from 11 years to 3 years.
Chesapeake.  Charges: (1) DUI 2nd in 5 years, elevated BAC (0.15), (2) Failure to Maintain Lane – $30.00 fine, (3) Following too Closely – $30.00 fine.  DUI Amended to standard BAC – Agreement with Prosecutor – $1,000 fine, $500 suspended; 184 days jail, 160 days suspended (20 days mandatory); ASAP; 2 years good behavior.  Agreement avoided 10 days mandatory jail that would have been imposed due to elevated BAC at time of second offense.  Appealed all 3 charges.
Newport News.  Reckless Driving by Speed, 49/25. Amended to Speeding 44/25, $75.00 fine. Avoided misdemeanor and reduced DMV demerit points.
York.  Reckless Driving by Speed, 89/70.  Amended to Speeding, 89/70.  Avoided misdemeanor.
Newport News.  RD by Speed, 46/25.  Amended to Speeding, 34/25, $250.00 fine. Reduced DMV demerit points.
Newport News.  Amended to RD by Speed, 83/60 to Speeding 79/60.  Avoided misdemeanor and reduced DMV demerit points.
Hampton.  Reckless Driving by Speed, 89/60. Amended to Speeding, 69/60, $54.00 fine.  Avoided misdemeanor and reduced DMV demerit points.
Northhampton.  Reckless Driving by Speed, 81/55. Amended to Improper Driving, $240.00 fine. Avoided misdemeanor and reduced DMV demerit points.
Virginia Beach.  Driving with Suspended License, 3rd offense.  Result: Dismissed.
Newport News.  4 charges: DUI 1st; Refusal; Reckless Driving; Improper Passing. Dismissed Reckless Driving, Nolle Pros Refusal and Improper Passing.  DUI Sentence: VASAP, $250.00 fine, 180 days – all suspended, 12 months suspended/restricted License, 6 months ignition interlock, one year good behavior.
Newport News.  Reckless Driving by Speed, 79/55. Amended to Speeding, 69/55, $114.00 fine. Avoided misdemeanor and reduced DMV demerit points.
Newport News.  Unsafe Lane Change.  Trial on Not Guilty Plea.  Judge found client guilty with $75.00 fine.  Client appealed to Circuit Court.
York.  Reckless Driving by Speed, 82/65. Amended to Speeding, 74/65, $54.00 fine.  Avoided misdemeanor and reduced DMV demerit points.
Newport News.  Reckless Driving by Speed, 80/55. Amended to Speeding 74/55, $114.00 fine. Avoided misdemeanor and reduced DMV demerit points.
York.  3 charges. (1) Reckless Driving by Speed, 83/65. Amended to Improper Driving with $200 fine, (2) Dismissed Illegal window tint, (3) Possession of Marijuana: 30 days jail – all suspended, $100 fine, 6 months suspended/restricted license, 2 years good behavior.  Avoided misdemeanor for the Reckless Driving charge and reduced DMV demerit points.

June

King & Queen.  DUI, 1st. Agreement with Prosecutor. Result: Amended from DUI to Reckless Driving. Sentence: 90 days jail – all jail suspended, $500.00 with $250.00 suspended, 6 months Suspended License, ASAP, 3 years good behavior.  Avoided DUI.
Newport News.  3 charges: (1) Felony DUI 3rd within 5 years – Amended to Misdemeanor 2nd DUI in 5 years. Sentence:  ASAP, $500.00 fine, 3 year Suspended License, 365 days jail with 340 days suspended, 3 years good behavior, 6 month interlock; (2) Nolle pros Refusal; (3) Dismissed Reckless Driving.  Avoided felony, resulting in reduction of mandatory minimum jail from 6 months to 20 days.  Also two other charges dismissed.
Newport News.  3 charges.  (1) Nolle pros (dismissed) Strangulation causing injury (felony); (2) Nolle pros (dismissed) Delay telephone communication. (3) Withheld Finding: Assault on Family Member to be dismissed if comply with conditions:  (a) 2 years good behavior, (b) CCD-PRIDE – Anger Management, (c) No unwanted contact with victim; (d) Reasonable efforts to obtain gainful employment and prove GED completed; (e) Pay court costs.
Newport News.  DUI 1st with elevated 0.18 BAC. Result: DUI sentence: 12 months probation, ASAP, $250 fine + $25 special assessment, 12 months suspended license, 5 days mandatory jail with delayed report for weekends.
Newport News.  Speeding 46/25. Result: Dismissed with payment of court costs.
Hampton.  Failure to Obey Highway sign. Result: Amended to Defective Equipment, $50.00 fine. Avoided DMV demerit points.
Newport News.  3 charges:  DUI with elevated BAC, Reckless Driving, Driving without a License.  Dismissed Reckless Driving, Nolle pros (dismissed) Driving without a license.  DUI sentence:  Amended from elevated BAC (0.23) to standard BAC to avoid 10 days mandatory minimum jail, $250.00 fine, ASAP, 12 months Suspended/Restricted License, 180 days jail – all suspended, 6 months ignition interlock.  Avoided two charges and 10 days jail.
Norfolk.  Reckless Driving by Speed, 85/55.  Amended to Speeding 74/55, $114.00 fine.  Avoided misdemeanor and reduced demerit points.

July

Gloucester.  Reckless Driving by Speed, 81/55. Amended to Speeding, 81/55, with $250 fine. Avoided misdemeanor.
Newport News.  Speeding, 79/60. Amended to Defective Equipment, $50 fine. Avoided DMV demerit points.
Newport News.  DUI.  $500.00 fine, No active jail, Probation/ASAP, 12 months suspended / restricted license.
York.  3 charges: (1) DUI, 2nd in 5 years, no BAC; (2) Refusal 2nd; (3) Speeding, 54/35.  (2) & (3) Nolle Pros Refusal 2nd and Speeding. (1) DUI, 2nd in 5 years. Sentence: ASAP; $500.00 fine ($1,000 fine with $500 suspended); 3 years suspended driver’s license; 180 days jail – 160 days suspended (20 days mandatory minimum); Restricted License when eligible; Ignition interlock when applies for Restricted License for at least 6 months. Client appealed to Circuit Court.
New Kent.  Reckless Driving by Speed, 76/55.  Amended to Speeding, 64/55, $75.00 fine and Driver Improvement course.  Avoided misdemeanor and reduced demerit points.
Williamsburg/James City.  3 Charges:  (1) DUI 1st, 0.16 BAC, (2) Open Container, (3) Driving Without a License.  Result:  Agreement with CA – Nolle pros Open Container and Driving Without License charges.  DUI Sentence: $250.00 fine, 90-days jail – 85 days suspended (5 days mandatory), VASAP, 12 months Suspended License, 2 years good behavior. Did not apply for restricted license.
Newport News.  Reckless Driving by Speed, 54/25. Result: Dismissed upon Motion to Strike due to lack of certificate of accuracy for Radar.
Newport News.  Speeding 55/35. Result: Amended to defective equipment, $100.00 fine. Reduced demerit points.
Newport News.  3 charges. (1) Reckless Driving – Nolle Pros. (2) Hit & Run – $500 restitution, 12 months jail – all suspended, 2 years good behavior. (3) False Report – $1,000 fine, 12 month jail – all suspended, 2 years good behavior, 90 hours community service.

August

Southhampton.  (1) DUI, 2nd in 10 years – $250.00 fine, 30 days jail – 20 suspended (10 days mandatory, weekends), VASAP, 24 months, 3 years suspended License, 6 months ignition interlock. (2) Speeding – $138.00 fine. Appealed to Circuit Court.
Hampton.  3 charges: (1) DUI 1st – Nolle Pros. (2) Evade/Elude Police – Nolle pros. (3) Reckless Driving – amended to Speeding.  $250 fine, 6 months suspended/restricted license.
Newport News.  Speeding, 80/60.  Amended to Speeding 74/60, $84.00 fine. Reduced DMV demerit points from -6 to -4.
Newport News.  Failure to Yield Right of Way (accident). Result: Dismissed.
Newport News.  Reckless Driving (accident).  Result: Dismissed.
Newport News.  DUI 1st with elevated 0.35 BAC & Reckless Driving. Result: Dismissed Reckless Driving.  DUI sentence: VASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail with 170 suspended (10 days mandatory, weekends). Successfully avoided additional penalties that the prosecutor and judge were considering due to their concern with the high BAC.
Newport News.  3 charges: DUI 1st with elevated 0.25 BAC, Reckless Driving, Improper Stop on Highway.  Result: Dismissed Reckless Driving & Nolle pros Improper Stop on Highway. DUI sentence: VASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail with 170 suspended (5 days to serve with good time credit, weekends). Agreement with prosecutor to amend from BAC above 0.20 to BAC between 0.15 and 0.20 in order to reduce jail from 10 days to 5 days.
Newport News.  Reckless Driving by Speed, 83/60.  Amended to Speeding (79/60). This result avoided the misdemeanor and reduced the DMV demerit points.
Newport News.  Unsafe Lane Change (accident).  Result: Not Guilty.
Newport News.  DUI, 1st.  Result:  Agreement with prosecutor to not exceed mandatory minimum sentence. Sentence:  $250.00 fine, 12 months probation, 12 months suspended license, no active jail, will consider early termination of probation.
Salem.  Violation of Probation (ASAP).  Result:  Judge revoked 24 days jail and re-suspended 20 days, leaving 4 days. One weekend to serve with good time credit applied.  Judge converted 20 days remaining suspended jail to 160 hours of community service to be monitored by Peninsula ASAP.
Hanover.  Reckless Driving by Speed, 88/65.  Amended to Improper Driving, $350.00 fine. Avoided misdemeanor and reduced demerit points.
Newport News.  Driving Without a License. Result: Guilty, $100.00 fine. Delayed case 6 months, but client was unable to obtain valid license in order to receive a lesser charge.
Williamsburg/James City.  ASAP Violation (Show Cause). Result: Revoked 90 days of jail and re-suspended 82 days, must complete an appropriate after-care program.

September

Hampton.  Reckless Driving by Speed (125/60).  GDC Result: $500.00 fine, 2 years good behavior, 90 days jail, 84 suspended (6 days of jail, 3 days to serve). Circuit Court Result:  Agreement with prosecutor and restricted license request argued to the judge.  Result: No fine – court costs only; 2 years good behavior; 90 days jail with 86 suspended (4 days jail, 2 to serve), 30 days suspended license with restricted license granted.
Newport News.  Reckless Driving by Speed (82/60).  Result: Dismissed on motion due to Trooper’s laser certification outdated.  Avoided misdemeanor conviction and DMV demerit points.
Hampton.  Reckless Driving by Speed, 89/60.  Amended to Speeding, 79/60, $114.00 fine. Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by Speed, 91/60. Dismissed on my motion to dismiss.  Previously achieved dismissal of Driving without a License in General District Court.  Dismissed.
Newport News.  Consumption/possession of alcoholic beverage in a park.  Result: Dismissed with payment of court costs.

October

Southampton.  Reckless Driving by Speed, 82/60.  Amended to Speeding, 74/60, $84.00 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by Speed, 83/60.  Amended to Speeding, 79/60, $114.00 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by Speed, 84/60.  Amended to Speeding, 79/60, $114.00 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by Speed, 86/60.  Amended to Speeding, 76/60, $96.00 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving General (Accident).  Amended to Improper Driving, $150 fine.  Avoided misdemeanor and reduced demerit points.
Northampton.   Reckless Driving by Speed, 79/55.  Amended to Improper Driving with $200 fine.  Avoided misdemeanor and reduced demerit points.
Isle of Wight.  5 charges.  Results: Dismissed charges 1 and 2: Expired Registration and Failure to have vehicle inspected.  Charge 3: Speeding 70/55 – $90.00 plus costs.  Charge 4: Seat Belt Violation – $25.00.  Charge 5: Driving with Suspended License, 3rd offense – Amended to Driving Without a License, $100 fine – all suspended.  Avoided 10 days of mandatory jail and 90 days mandatory license suspension.
Virginia Beach.  Reckless Driving by Speed, 81/55.  Amended to Speeding, 74/55, $114.00 fine.  Avoided misdemeanor and reduced demerit points.
Hampton.  5 Charges:  DWI 1st, Refusal, Reckless Driving, Driving Under Suspension 3rd offense, Fail to Obey Hwy Sign.  Result:  Nolle pros / dismissal of all charges.  Separate charge of Failure to Appear: Guilty, $100.00 fine, 30 days jail with 20 days suspended.
Hampton.  Calling with Intent to Annoy.  Result: Dismissed.
Isle of Wight.  Speeding, 71/55.  Amended to Defective Speedometer, $96.00 fine.  Avoided DMV demerit points.
Hampton.  Reckless Driving by Speed, 81/60.  Amended to Defective Equipment, $100.00 fine. Avoided DMV demerit points.

November

Newport News.  Felony Failure to Report Accident.  Result: Defense motion to strike was granted. Dismissed.
Newport News.  Speeding.  Result: Dismissed on motion to due officer not having certificate of accuracy for Lidar.  Dismissed.
Newport News.  Driving while suspended (4th offense) and Speeding, 62/45.  Result: Judge granted motion to dismiss.  Both charges dismissed.
Newport News.  False report to law enforcement officer.  Result: Amended to Obstructing Justice. The amendment will prevent client from having to report the conviction as a crime of moral turpitude (lying, cheating, stealing). Sentence: 12 months jail – all suspended, 12 months good behavior, no fine.
Newport News.  Charges: Failure to report accident (hit and run), Reckless Driving in parking lot, and Suspended license 4th offense.  Result: Agreement with prosecutor. Guilty plea to Failure to Report accident ($500 restitution, 5 days community service, 12 months jail – all suspended, 12 months good behavior). Nolle pros Reckless Driving in parking lot and Suspended license 4th offense. Avoided 10 days mandatory jail and 90 days mandatory license suspension for the suspended license charge.
Newport News.  Following too closely (accident).  Result: Not guilty.
Chesapeake.  Speeding, 49/35.  Result: Amended to Failure to obey highway sign with no demerit points, $84 fine.  Avoided demerit points.
Hopewell.  Reckless Driving by Speed, 96/70.  Result: Withheld finding. Charge to be amended to Improper Driving if client completes Aggressive Driving course and 40 hours of volunteer work.
Newport News.  Reckless Driving by Speed, 97/45.  Result: Dismissed.
York.  Speeding, 80/65.  Result: Amended to Defective equipment, $50.00 fine.  Avoided demerit points.
Hampton.  3 charges: Reckless Driving by Speed 88/60, Expired registration, Failure to obtain registration. Trooper’s Lidar certificates did not cover the date client was stopped. Client obtained valid registration three days after stopped.  All 3 charges dismissed.
Newport News.  Reckless Driving by Speed, 82/55. Result: Client Judge granted a withheld finding when the case was heard and then dismissed the charge on the review date. Conditions: completed driver improvement course a second time, completed volunteer work, and no new violations for six months.
Newport News.  Reckless Driving by Speed, 67/45.  Amended to Speeding, 64/45, with $114 fine.  Avoided misdemeanor and reduced DMV demerit points.
Newport News.  4 charges: DUI 1st, No valid operator’s license, Following too closely, No proof of insurance. Prosecutor discovered prior DUI conviction and offered an agreement instead of amending from 1st DUI to 2nd DUI.  Result: Client accepted the prosecutor’s offer.  Dismissed No Valid Operator’s License. Dismissed No Proof of Insurance. Following too closely = $50 fine. DUI sentence – $250 fee, ASAP, one year suspended license, 180 days jail – all suspended.  Result: 2 charges dismissed and avoided amendment of DUI from 1st offense to 2nd offense, which would have required 20 days mandatory minimum jail.
Newport News.  Speeding, 72/55.  Result: Dismissed with payment of court costs.
Hampton.  Failure to Yield Right of Way (Accident).  Not Guilty.
York.  4 charges: Counterfeit inspection – Dismissed, Illegal window tint – Dismissed, No state inspection – $35 fine, Child seat violation – $50 fine.
Newport News.  DUI 1st.  Result: VASAP, $250 fine, 12 months suspended license, 6 months ignition interlock, probation with conditions.
Surry.  Client charged with two separate incidents of Driving while Suspended (7th offense & 8th offense) and Open Container.  Result: Agreement with prosecutor to nolle pros both Open Container charges and one of the Driving while Suspended charges. Sentence for Driving Suspended 7th: $100 fine, 6 months jail with 4 months suspended (leaving 30 days to serve with work release).
York.  Speeding, 63/45.  Result: Dismissed with payment of court costs.
York.  Failure to Yield Right of Way.  Result: Amended to Failure to Obey Highway Sign (a no demerit point violation) with $50 fine.  Avoided DMV demerit points.
Hampton.  Tunnel over height violation (misdemeanor). Result: Amended to defective equipment with $30 fine.  Avoided criminal misdemeanor, DMV demerit points, and $1000 mandatory fine.

December

Hampton.  Failure to Obey Hwy. Sign.  Amended to no demerit point version of the charge with $30 fine. No DMV demerit points.
Newport News.  ASAP violation (show cause). Result: Charge dismissed. Reinstated into ASAP.
Hampton.  Speeding, 47/35.  Result: Dismissed.
Hampton.  Speeding, 48/35.  Result: Withheld finding. To be dismissed upon completion of conditions: (1) driver improvement course, (2) pay court costs, (3) no new violations.
Hampton.  Reckless Driving by Speed 91/60.  Amended to Improper Driving with $150 fine. Avoided misdemeanor and reduced DMV demerit points.
York.  Driving with suspended license, 4th offense.  Result: Amended to Driving without a license.  Avoided 10 days mandatory jail and 90 days license suspension.
Spotsylvania.  2 charges: DWI 1st (0.18 BAC) & Improper Stop on Highway.  Result: Agreement with prosecutor. Nolle pros Improper Stop on Highway. DWI Sentence: VASAP, $350 fine, 12 months suspended/restricted license, 6 months ignition interlock, 90 days jail with 85 suspended (5 days mandatory), 2 years good behavior.
Newport News.  Reckless Driving by Speed, 85/60.  Amended to Speeding, 79/60 with $114 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  Reckless Driving by Speed, 90/60.  Amended to Speeding, 79/60 with $150 fine.  Avoided misdemeanor and reduced demerit points.
York.  Reckless Driving by Speed, 88/60.  Amended to Speeding 79/60 with $114 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  Charges: (1) Reckless Driving by Speed, 85/60 and (2) Suspended license 3rd.  Result: (1) Reckless Driving amended to Speeding, 79/60, with $114 fine and (2) Suspended license sentence: $300 fine, 30 days jail with 20 suspended, 90 days suspended license.
Newport News.  Reckless Driving by Speed 73/45.  Amended to Speeding, 64/45 with $114 fine.  Avoided misdemeanor and reduced demerit points.
York.  ASAP non-compliance related to license reinstatement petition. Result: Judge reinstated client into ASAP. Ordered client to report to ASAP for new evaluation, payment of ASAP fee. Review date on March 23, 2017 to decide if client should be issued a restricted license.
Newport News.  Three charges (1) Open container – Dismissed. (2) RD by Speed 84/60 – Amended to Speeding 79/60 with $114 fine. (3) Suspended license 2nd – $200 fine, 90 days suspended license.
Hampton.  Traffic infraction related to interfering with a funeral procession.  Dismissed.
Newport News.  Speeding over 80 mph.  Amended to Speeding, 75/60, with $90 fine.  Reduced DMV demerit points.
Newport News.  Two clients charged with same offense.  Reckless Driving by Speed, 72/45.  Result: Both clients received amendment to Speeding, 64/45, with $114 fine.  Avoided misdemeanor and reduced demerit points.
Newport News.  2 Charges: (1) Driving while Suspended 4th Offense; (2) Texting While Driving.  Result:  Both charges dismissed.  (Trooper did not identify client and judge granted motion to dismiss).
Newport News.  2 charges: Suspended license (4th offense) & Speeding 43/25.  Result: Suspended license: $2500 fine all suspended conditioned on not driving while unlicensed, 90 days jail with 80 suspended (10 days mandatory), license suspended 1 day.  Speeding amended to 34/25 with $54 fine.
Newport News.  Reckless Driving General.  Amended to Improper Driving with $100 fine. Avoided misdemeanor and reduced DMV demerit points.
Fairfax City.  DUI 2nd in 5-10 years with elevated BAC (0.16).  Result: Agreement with prosecutor to amend from 2nd offense to 1st offense and to amend from elevated BAC to standard. The resulting sentence reduced the license suspension from 3 years to 1 year and the jail from 20 days to 3 days. Sentence: $1500 fine with $1200 suspended, ASAP, 180 days with 175 suspended, one year suspended/restricted license, 12 months ignition interlock.
Mark R. Matney - Attorney - Newport News - DUI Attorney

Penalties For DUI Conviction

Penalties For DUI Conviction

Matney Law PLLC has put together this detailed document for Penalties For DUI Conviction in Virginia.  The Matney Law firm provides legal defense for drunk drivers in Hampton Roads, Newport News, Hampton,  Williamsburg, and the counties of York, James City, New Kent, Isle of Wight, and Surry.

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

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.

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

Legal Services

Legal Services - Matney Law

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

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

 

A Coach and an Advocate

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

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

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

Handling a wide array of traffic violation cases

I regularly represent clients charged with traffic violations, including:

Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.

Matney Law

Speeding Ticket Defense Attorney

Mark Matney - DUI - Reckless Driving - Matney Law PLLC - Newport News VirginiaSpeeding Ticket

Do you need a speeding ticket defense attorney, then please consider Matney Law, PLLC in Newport News Virginia. (757) 784-3507 The lawyers at the Matney Law Firm handle everything from a speeding ticket to speeding while on a restricted license. Our traffic court lawyers handle cases in Hampton Roads, Williamsburg, Newport News, Yorktown, Gloucester, Surry, and Virginia Beach.

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

How much does your insurance go up for a speeding ticket?

"So, using these averages, a driver with a clean driving record is paying $1,310 a year for car insurance. One speeding ticket could remove that discount and increase your rate by 10 percent. That is a $611 increase a year, or $1,833 over three years; companies usually surcharge for three to five years."

How long does it take to get a speeding ticket off your record?

Most points (illegal turn, not making a complete stop, driving over the speed limit, etc.) and/or accidents will stay on your driver record for 39 months (3 years, 3 months). Points for more serious offenses, such as hit-and-run or a DUI, will stay on your record for 13 years.

Case Results

Today I helped a friend with a Speeding charge in Chesterfield County. When I reviewed the trooper’s calibration record for his radar equipment, I noticed that it expired four days after he stopped my friend. FOUR DAYS from an outright dismissal. Since I could not win based on an outdated radar calibration, I worked it out for the charge to be dismissed when my friend pays the court costs and submits a certificate for a driver improvement course.

Matney Law - DUI Attorney - Newport News - Hampton Roads area of VirginiaMark R. Matney - Attorney - Newport News - DUI Attorney

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.

Reckless by Speeding - Call the Lawyers at Matney Law - Newport News VA

Reckless Driving & Speeding

Reckless by Speeding - Call the Lawyers at Matney Law - Newport News VAReckless Driving & Speeding

Matney Law PLLC of Newport News Virginia defends people in traffic court charged with reckless driving & speeding.  The lawyers at Matney Law know you do not have to live with a criminal record or a misdemeanor conviction.  Call Mark Matney for review of the traffic charge against you!  We serve Williamsburg, Gloucester, Yorktown, Newport News, Hampton, James City County, and the Hampton Roads area of Virginia.

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

lawyer Mark Matney has a top 10 AVVO rating for 2018Reckless Driving & Speeding

Reckless Driving & Speeding violations can be complex to deal with in Virginia. Matney Law, PLLC knows you might be pulled over for speeding and expect to receive a simple ticket, only to discover that you are actually facing a misdemeanor charge for reckless driving that will appear on your criminal record.

Attorney Mark Matney - Newport News Virginia - DUI & DWI attorneyMatney Law Can Help!

You do not have to live with a criminal record or explaining a misdemeanor conviction to employers. Attorney Mark Matney can help you fight the charge so that you can move on with your life.  Mr. Matney will coach you as he prepares your case for court and he will advocate for you on your trial date. Our team will help you understand your legal options and rights. We will answer all of your questions and address all of your concerns so that you are prepared for your day in court. You will be involved and informed throughout the process.

Categories of Reckless Driving

There are several categories of reckless driving in addition to speeding identified by Matney Law:
___ Driving Without a License or Driving While Suspended or revoked
___ Speeding
___ Passing a Stopped School Bus
___ Failure to Obey a Highway Sign
___ Running a stop sign
___ Failure to yeild

Questions?

What should I do to prepare for my case?

Obtain a copy of your driving transcript from the Department of Motor Vehicles.

If your DMV record shows a negative point balance, then compete a DMV approved driving course.

Have your speedometer calibrated if speed is an element of your case.

Obtain the full names and addresses of any witnesses who are involved in your case.

Obtain copies of any medical records related to your case.

What is the maximum sentence if the court finds me guilty of reckless driving?

Reckless driving is a class one misdemeanor and carries a maximum sentence of twelve months in jail and/or a fine of $2,500.00. (Virginia Code, section 18.2-11). The judge may also suspend your driver’s license.

Do I face any active jail time for reckless driving?

In the Hampton Roads area, the primary reasons for active jail time in reckless driving cases are: speeding above 89 miles per hour, bad prior driving record, lack of cooperation with the police, and accident cases.

How long will a reckless driving conviction stay on my record?

As a misdemeanor, a reckless driving conviction will remain on your Virginia criminal record permanently. However, reckless driving will be removed from your DMV record after eleven years.

How many demerit points will the DMV assign me for a reckless driving charge?

DMV assigns six demerit points for any reckless driving charge.

What is the general rule for reckless driving?

The Virginia Code provides that, “[i]rrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.” (Virginia Code, section 46.2-852).

Can a reckless driving charge be reduced or amended to a less serious charge?

Lawyers typically try to have reckless driving charges reduced to improper driving. The judge has discretion to amend the charge to improper driving when the poor driving behavior is less severe. The advantages of improper driving include that it is a traffic infraction instead of a misdemeanor, it carries fewer DMV demerit points, and the maximum fine is $500.00.

For reckless driving due to speeding, it is sometimes possible to reduce the charge to the traffic offense of speeding. This usually requires a good driving record and a speed that is close to the threshold for reckless driving.

Matney Law

DUI DWI Attorney

DUI Attorney

DUI law can be complex and frustrating. With any other offense, you are innocent until proven guilty. But when you are facing a DUI, DWI, or a drunk driving charge, the results of a blood or breath test render you presumed to be under the influence and in violation of the law. This means that if you are facing DUI charges, you need to be represented by an experienced lawyer who knows DUI defense, please consider attorneys at Matney Law PLLC.  Our focus coverage area is with a focus on the cities of Newport News, Hampton,  Williamsburg, and the counties of York, James City, New Kent, Isle of Wight, and Surry. 

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

Need A DUI Attorney?

If you need a DUI attorney, you can count on Lawyer Mark Matney. Mr. Matney will take the time to explain the DUI law and answer all your questions. He and his staff will support you as you prepare for your day in court. Mr. Matney will be your advocate on your trial date to help ensure that you obtain the best possible outcome.

We Prepare You!

Mark Matney will thoroughly prepare for your case by accessing records from the police officer and prosecutor, reviewing any videos, analyzing reports from the Department of Forensic Science, and obtaining your side of what happened through a detailed client questionnaire.

Greensville Court HouseDUI Conviction

A conviction of driving under the influence results in many serious penalties. You may face consequences such as:

• Fine and court costs
• Jail sentence
• Suspended license
• Ignition interlock machine
• Assignment to Alcohol Safety Action Program
• Insurance cancellation or rate increase
• Assignment of DMV demerit points

Handle Your Own DUI - Call Mark Matney at Matney Law PLLC - Newport News Virginia

Try and Handle On Your Own

If you try to handle a DUI charge on your own, you may miss legal, factual, medical, or technical defenses that may be available to you in your case. Let an experienced DUI defense lawyer assist you so that you will have the peace of mind of knowing that you explored every possible avenue to defend against your charge.

Mark Matney - DUI - Reckless Driving - Matney Law PLLC - Newport News VirginiaFree Initial Consultation

At Matney Law, PLLC, we offer a free initial consultation to discuss your pending DUI case and assess your options. We have flexible appointment availability to accommodate your busy schedule. We also work with you on your fee through payment plans and early payment discounts.