Newport News DUI - DWI Defense Lawyer

"Newport News DUI - DWI Defense Lawyer" - Attorney Mark Matney - Holcomb Law of Newport News, Virginia will help you defend against the charge of DUI / DWI in the Newport News courts. I will guide you through the process so that you will know what to expect in each phase of your case.

Your case will begin in the Newport News General District Court. The initial court date will be for your arraignment. This is simply the day when the judge ensures that you understand the charge brought by the police officer and advises you that you have a right to represent yourself or to have the assistance of a lawyer. The right to a lawyer attaches to your case because DUI, like any class 1 misdemeanor, involves the possibility of a jail sentence. When you tell the judge that you want a lawyer, the judge will schedule a check attorney date about two weeks later. If you hire a lawyer before the initial court appearance or before the check attorney date, then your lawyer will contact the court’s clerk to schedule a trial date and you will not have to appear in court again until the trial date.

My preparation strategy is based on the idea of “no stone left unturned.” I will obtain information about your case from three sources:
(1) The Newport News Commonwealth Attorney’s (CA) office will provide me with access to your file so that I can read the officer’s notes and any additional documents that have been provided to the assigned prosecutor. The prosecutor will also give me access to the police officer’s body camera videos. I will provide you with my notes from the file and video reviews.

(2) If you took a breath test, my staff will download the Department of Forensic Science (DFS) report with details about the breath machine and the specifics of your breath test. If you submitted a blood sample, then DFS will provide a certificate with the BAC (blood alcohol concentration). You will also have the right to an independent analysis of your blood sample.

(3) I will ask you to complete a questionnaire. This document provides me with your memory of the events related to the arrest. It is also a tool for you to inform me of any medical issues that could have affected your appearance, field testing or breath testing.

The Newport News General District Court is located at 2500 Washington Avenue, Newport News, Virginia. The clerk’s office is situated on the second floor of the court building. Their main number is 757-926-8876. The four judges of the Newport News General District Court are judges Hoffman, Mullen, Saunders and Stein. They rotate courtrooms each month so that no judge sits in the same courtroom two months in a row.

DUI hearings in the Newport News General District Court are scheduled on Mondays and Tuesdays at 9:30 am and are held in traffic courtrooms B and C.
Mark R. Matney

July 20, 2021

Ignition Interlock Providers

If you are required to have an ignition interlock machine due to a DUI conviction, then it must be installed before you begin driving with your restricted license. Holcomb Law, PC, regularly receives discount coupons from the local ignition interlock providers. Please visit our office or contact a staff member to receive coupons.

Please note that you must complete at least six months without any violations in order to have the ignition interlock removed from your vehicle.

June 4, 2021

I Welcome Your Comments

Mark Matney

DUI & Traffic Court Lawyer

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Can I be Found Guilty of DUI Below 0.08 BAC

Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
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Can I be found guilty of DUI below 0.08 BAC? Yes. Although I have not lost a trial for a BAC below 0.08, I watched a trial in which someone was found guilty of DUI at 0.06 BAC and I have had to go to trial for clients with a BAC as low as 0.05.

0.08 is the threshold for presuming that the driver is under the influence of alcohol. This presumption helps the prosecutor because it places the burden on the driver to prove that he was not under the influence. For the driver to get a presumption that he was not under the influence of alcohol, the BAC must be 0.05 or below. In that circumstance, the prosecutor has the burden of proving that factors other than the BAC prove the driver was under the influence.

So what about 0.06 to 0.07 BAC? For the middle BACs, neither side is entitled to a presumption. This means that the driver tries to prove that his driving and testing do not prove he was under the influence while the prosecutor seeks to show why the same evidence demonstrates that he was under the influence.

Let’s look at a recent 0.05 BAC defense that resulted in Not Guilty of DUI.

The police approached my client because he stopped in a left turn lane instead of pulling onto the shoulder when he needed to address something going on in his car. He had two passengers with him. The officer noted an odor of an alcoholic beverage, but did not note any other problems with his personal contact with the driver. The officer also noted few issues with the field testing. So why was the driver arrested? He admitted to drinking and took the Preliminary Breath Test (PBT) with a result of 0.075 BAC. Alcohol in his system was then confirmed by the formal breath test on the Intoxilyzer EC/IR II with a BAC of 0.05. The prosecutor chose to pursue a DUI trial instead of negotiating a lesser charge.

To defend against the DUI, I broke the case up into four sections. First, I asked the officer questions to emphasize that he did not observe the vehicle in motion. Secondly, I had the officer review all of the good points of his personal contact notes indicating that the driver did not have any problems with his speech, standing, walking, or complying with instructions. Furthermore, a passenger who had not consumed any alcohol felt safe riding with the driver. Thirdly, I questioned the officer about the field sobriety tests in a way that accentuated what my client did right. For example, the officer noted that the driver spoke slowly and paused while performing the Alphabet Test. However, I had the officer agree that the driver started at the correct letter, stopped at the correct letter, and recited the required letters accurately. Another example is that for the Walk and Turn Test the officer said that the driver stepped off-line during the test. I asked the officer to explain that the test involves 18 steps with 8 possible clues and to clarify that my client only demonstrated one clue on one step.

At the conclusion of the case, I presented to the judge that the prosecutor’s case did not overcome the presumption that my client was not under the influence of alcohol. I focused on the 0.05 BAC, the lack of bad driving, the positive aspects of the personal contact, and the strength of the driver’s performance on the field sobriety tests. The judge agreed that the prosecutor’s evidence was not sufficient and ruled that my client was Not Guilty of DUI, 0.05 BAC.

April 10, 2020

A Promise & A Testimony

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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A Promise & A Testimony

A promise: “Come near to God and He will come near to you.” James 4:8.

My testimony: I am a Christian who just happens to be practicing law. I hope my story will be an encouragement to you in this challenging and extraordinary time.

My journey of faith began in my childhood. As a child, I attended our neighborhood’s church where I participated in the choir and learned about the Bible through the Sunday School program. My father was not a Christian, but church was important to my mother.
By the time I reached high school, I knew a lot about church, the Bible and Jesus, but it was in a sheltered environment of our local church and neighborhood.

When I entered high school, I experienced several significant changes that left me vulnerable. Immediately before high school, my parents separated and I relocated from the home, church, neighbors and friends I had enjoyed from the age of two until the beginning of high school.

I ended up with a group of so-called friends who were pushing me toward drinking and drugs. I had to make a decision about what I really believed. Fortunately, when I prayed and asked God to guide me, I found that, “God demonstrates His own love toward us, in that while we were sinners Christ died for us” (Romans 5:8). Even when I was not pursuing God, he was pursuing me. God led me through a time of repentance and rededication that resulted in me putting my full faith in Jesus and accepting that he loves me and forgave me.

The result of entering into a relationship with Jesus is that I found the peace and purpose that I was missing as I floundered through high school. I now have hope and a secure future. I know that God has a plan and a purpose for my life and that I will live forever with Jesus in heaven after my physical body dies.

I would be glad to discuss my faith with you. Just contact me. I also share this simple statement of what the Bible teaches:

God’s plan—peace and life. God loves you and wants you to experience the peace and life He offers. The Bible says, “For God so loved the world that He gave His only begotten Son, that whoever believes in Him should not perish but have everlasting
life” (John 3:16, NKJV). He has a plan for you.

Our problem—separation from God. By nature, we are all separated from God. The Bible says, “For all have sinned and fall short of the glory of God” (Romans 3:23, NKJV). He is holy, but we are human and don’t measure up to His perfect standard. We are sinful, and “the wages of sin is death” (Romans 6:23, NKJV).

God’s remedy—the cross. God’s love bridges the separation between you and Him. When Jesus died on the cross and rose from the grave, He paid the penalty for our sins. The Bible says, “‘He himself bore our sins’ in his body on the cross, so that we might die to sins and live for righteousness; ‘by his wounds you have been healed’” (1 Peter 2:24, NIV).

Our response—receive Jesus. You cross the bridge into God’s family when you accept Christ’s free gift of salvation. The Bible says, “But to all who did receive him, who believed in his name, he gave the right to become children of God” (John 1:12).

To receive Jesus, a person needs to do four things:
• Admit that you are a sinner and you need the Savior.
• Be willing to turn from your sins and ask God to forgive you.
• Believe that Jesus died for you on the cross and rose from the grave.
• Invite Jesus to come in and control your life through the Holy Spirit. Romans 10:13 says, “Everyone who calls on the name of the Lord will be saved.”

Here’s a prayer you can pray to receive Jesus:
Dear God, I know that I am a sinner and separated from You. I want to turn from my sins and enter into relationship with You. Forgive me for my sins. I believe that Jesus is Your Son. I believe He died for my sins and that You raised Him from death to life. I want Jesus to come into my heart and I give Him control of my life. I want to trust Jesus as my Savior and follow Him as my Lord from this day forward. In Jesus’ Name, Amen.

December 12, 2019

Thanksgiving Preparations

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Attorney Mark Matney of Newport News, Virginia focus on traffic cases on the Peninsula from Hampton and Newport News to New Kent. During the week before Thanksgiving we were busy helping clients with the following matters:

Speeding 64/45 in York County – amended to defective equipment
Reckless Driving 79/55 in Charles City County – amended to speeding
Reckless Driving in Work Zone in New Kent – amended to speeding
Improper Passing in Williamsburg – dismissed
Speeding 38/25 in Williamsburg – dismissed
DUI with 5 other charges in New Kent – 3 misdemeanors and a traffic infraction dismissed + drug charge reduced + minimum sentence for the DUI
Restricted License petition in Newport News – granted
Fail to Obey Traffic Signal with Accident in Newport News – dismissed
2nd DUI in Hampton – Minimum sentence for DUI, first offender program with ultimate dismissal for drug charge, 3 misdemeanors dismissed: Refusal 2nd, Driving with suspended license, Failure to appear.
There were also two accident cases in Newport News that were appealed to the Circuit Court for new trials.

December 12, 2019

Matney Law PLLC - DUI - DWI Lawyer - Traffic Court Attorney - Williamsburg - Newport News - Hampton Roads Virginia

Abigail Hockett

Associate Attorney at Matney Law PLLC

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I Welcome Your Comments

Reckless Driving in the Juvenile and Domestic Relations Court

Reckless Driving
Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
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Two recent cases demonstrate that extra preparation by minors can have an extraordinary impact on their cases. The two clients, both age 17 when they were stopped, were charged with reckless driving at speeds over 100 mph. I have seen Circuit Court judges on the Peninsula sentence minors to active jail time at these speeds. However, both of these clients had their cases dismissed. No reporting to DMV, no demerit points, no misdemeanor convictions, no insurance rate adjustments, no suspended licenses, no jail. The charges were outright dismissed.

For the first case, the young lady was placed on house arrest with an ankle bracelet pending the trial date. She was only permitted to leave her home to go to school and work and was not permitted to drive for most of the pretrial period. In addition to all of these complications, she volunteered many hours of community service before her court date. After court she had to avoid any new violations pending a review date. The second client, a young man, completed two driver improvement classes and volunteered before court. After the court hearing the judge required a significant number of additional community service hours and the avoidance of any new charges before his review date.

These clients helped me and my associate attorney, Abigail Hockett, to achieve the best possible results by following our preparation instructions and then exceeding the judge’s expectations before their review dates.

October 25, 2019

Trial in Absence

Blog - Trial in Absence
Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com

Often people contact me who do not live locally and they ask whether they need to appear for court. For traffic infractions that do not involve an accident, I can usually appear on behalf of my clients. However, for misdemeanors and accident situations we have to look at each individual case to evaluate whether the judge would permit the client’s absence and whether we would be likely to obtain the best result in the client’s absence.

I had three recent cases in which I appeared on behalf of clients in their absence.
10/07/19: Speeding 76/60, amended to defective speedometer, which carries no demerit points.
10/10/19: Reckless driving by speed, 85 / 65, amended to improper driving, avoiding the misdemeanor and reducing the demerit points and the length of time the charge will be reported by DMV.
10/15/19: Speeding, 64/45, amended to defective equipment with no demerit points.

October 22, 2019

Reductions & Dismissals, and Some Great Deals !!

Traffic Court Reductions & Dismissals
Posted by Lawyer Mark Matney of Holcomb Law, PC - Newport News VA
www.matneylawpllc.com
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The week, or so, of September 10-19, 2019 was a lot of fun for the clients of Holcomb Law, PC.
9/10: Speeding, 50/35. Amended to defective equipment despite client having two prior speeding tickets on her DMV transcript. No DMV demerit points!
9/11: Speeding, 49/35. Dismissed with only the payment of court costs!
9/12: Driving with Suspended License, 4th offense. Amended to Driving without a license with only a $100 fine. This avoided a mandatory sentence of 10 days of jail and 90 days of license suspension.
9/16: Speeding, 73/55. Amended to defective equipment. No DMV demerit points!
9/17: Reckless Driving by Speed, 85/55. Dismissed without a fine or court costs! Avoided criminal misdemeanor and DMV demerit points.
9/17: Reckless Driving by Speed, 104/65. Jail sentence limited to one weekend despite 39 mph over the limit and over 100 mph. The Peninsula judges start considering jail at 90 mph and at 30 miles over the speed limit regardless of the speed limit.
9/18: Speeding, 63/45. Amended to improper equipment. No DMV demerit points!
9/19: DWI, 1st offense. Amended to Reckless Driving. Avoided the stigma of DWI and the ignition interlock machine and reduced the restricted license period from 12 months to 6 months.
9/19: DWI, 1st offense. Avoided active jail sentence despite an accident with injuries and presence of an illegal substance in client’s system.

April 19, 2018

Today in Newport News

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Today in Newport News... Attorney Mark Matney helped four clients accomplish their goals in Newport News courts. The first client was charged with driving on a suspended license, 2nd offense. He needed more time to reinstate his license before his final hearing and the judge granted him a continuance.

Two of the clients were charged with reckless driving by speed with speeds over 80 mph. Both of these clients received amendments to traffic infractions and avoided misdemeanor convictions.

The fourth client received the greatest benefit when his three charges related to an accident were dismissed. It does not happen often, but this client’s dismissals were the result of a law enforcement officer who was not present due to taking another job.

These results were fun, but the day also included another highlight. A stranger paid for my lunch at the hotdog stand across from the courthouse when the vendor had trouble running my credit card.

January 18, 2018

Local Counsel for Federal Civil Cases

Mr. Matney has served as local counsel for Federal Civil Cases is an allied attorney with Alliance Defending Freedom, a network of Christian lawyers. In this role he has helped out of state law firms with their representation of Virginia clients in cases involving election law, religious freedom, and free speech.

Civil Cases

Herb Lux v. Virginia State Board of Elections, USDC – Richmond, 3:10-cv-482, 2010 to 2012

Local counsel for The Bopp Law Firm. Challenged Virginia election law on behalf of Tea Party candidate for congress. The Virginia Code was amended as a result of this case.

2. Christian Rights Ministries v. City of Chesapeake, USDC – Norfolk, 2:08-cv-154

Local counsel for Alliance Defending Freedom. A ministry was asked to remove their cross from their booth at the end of a parade. The City defended by claiming that there was a safety issue. The case settled.

3. U.S. v. William Danielczyk, USDC – Alexandria, 1:11-cr-85 (JCC)

Local counsel for The Bopp Law Firm. Assisted with filing amicus curiae brief on behalf of The James Madison Center for Free Speech re: campaign contributions by corporations as free speech.

Newport News DUI - DWI Defense Lawyer

Ignition Interlock Providers

I Welcome Your Comments

Mark Matney

Can I be Found Guilty of DUI Below 0.08 BAC

We Welcome Your Comments

A Promise & A Testimony

A Promise & A Testimony

I Welcome Your Comments

Thanksgiving Preparations

Abigail Hockett

I Welcome Your Comments

Reckless Driving in the Juvenile and Domestic Relations Court

I Welcome Your Comments

Trial in Absence

I Welcome Your Comments

Reductions & Dismissals, and Some Great Deals !!

I Welcome Your Comments

Today in Newport News

DUI / DWI Defense Attorney

Attorney Mark Matney Services

Local Counsel for Federal Civil Cases

Civil Cases