Got a Speeding Ticket call Mark Matney at Matney Law PLLC

You were going how fast?

Got a Speeding Ticket call Mark Matney at Matney Law PLLC

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You were going how fast?
Reckless Driving & Speeding Charge
Posted by Mark Matney of Matney Law PLLC Newport News VA

www.matneylawpllc.com
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I traveled out of the local area in September to help someone who was charged with Reckless Driving at 90 in a 55 mph zone – that’s right, 35 mph over the limit. The officer suspected that my client was actually racing another driver. My client could have been more cooperative with the officer, but despite this we were able to avoid any active jail! In fact, he ended up with only a $100 fine to pay and 30 days loss of license. Amazing when you consider that many judges start putting people in jail at 30 mph hour and the maximum license suspension for reckless driving is 6 months!!

Another client in a local court received an amendment of her charge from Reckless Driving, 92 in a 70 mph zone, to Speeding at 10 mph over the limit. This result avoided the criminal misdemeanor conviction and reduced the DMV reporting period from 11 years to 5 years.

Mark R. Matney - Attorney - Newport News - DUI Attorney

Leniency for Suspended License Cases

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

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Leniency for Suspended License Cases
Revoked or Suspended License Defense Attorney
Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com

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The new Virginia law making it easier for people to reinstate their driving privileges is resulting in increased leniency for people charged with driving while their license is suspended. This morning as I waited my turn, the judge granted a continuance to every person who requested more time to reinstate his or her license. The benefit of this is that when someone obtains a valid license before the final hearing it is typical for judges to amend the charge to a less serious offense.

For example, a client in one recent case reinstated his license before the initial court date and the judge amended the charge from a Class 1 Misdemeanor, which would have resulted in a mandatory additional license suspension of 90 days, to a Class 2 Misdemeanor with no license suspension and only a $50 fine.

Notably, in a similar case in a different local city, the judge amended the Class 1 Misdemeanor of driving with a suspended license to the traffic infraction of Driving Without a License in Possession. This avoided a misdemeanor conviction and a license suspension.

Matney Law PLLC - DUI Attorney - Newport News VA

Do I have to come to court?

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

Trial in Absence, also known as “Do I have to come to court?

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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Trial in Absence...  I often represent people who do not come to court with me.  Last month, for example, I accomplished the amendment of a charge of Reckless Driving by Speed, 88/60, to Speeding for a Pennsylvania resident.  Matney Law PLLC is a traffic court and DUI defense law firm.  Read our reviews on Avvo...

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Must be present for their court dates?

This works well for people who do not live locally and who are charged with less serious matters.  However, judges generally require a court appearance for the more serious misdemeanors, even if the person resides at a great distance.  Typically, when there is a realistic possibility of a jail sentence, then people must be present for their court dates.

Matney Law PLLC - DUI Attorney - Newport News VA

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

Reckless Driving to Speeding

Making a special trip for court can be part of the mitigating factors that we present to the judge.  A couple months ago a client charged with Reckless by Speed drove to court from Maryland.  Although his speed was so high that it could have resulted in jail and a suspended license, the judge took note of the client’s travel and amended the charge from Reckless Driving to Speeding.

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

Did You Win?

Matney Law PLLC - DUI Attorney - Newport News VA

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Did you win?

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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Did you win?...  Dismissal is the best result in a traffic or criminal result, but is dismissal the only way to determine victory?  Matney Law PLLC serving Newport News, Williamsburg, Hampton, Yorktown.  Avvo Attorney Reviews...

Blood Alcohol Content (BAC)

Consider this recent DUI / DWI case.  My client was charged with DUI with an elevated Blood Alcohol Content (BAC), Felony Hit and Run, Open Container, and Driving with a Suspended License.  The final result:  Guilty of DUI with only the mandatory minimum sentence, Dismissal  of the charges of Open Container and Driving with Suspended, and Amendment of the Felony Hit and Run to a misdemeanor.  Avoided two misdemeanors, avoided a felony conviction that would have resulted in the loss of certain rights, but convicted of DUI.  A loss on the DUI itself, but I submit that the case was a victory since two misdemeanors were dismissed and a felony conviction (with its loss of civil rights) was avoided.

DUI/DWI Defense Lawyer - Newport News Virginia

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

Not Guilty Your Honor!

Attorney Mark Matney - Newport News Virginia - DUI & DWI attorney

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Not Guilty, Your Honor!

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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A plea of Not Guilty is usually the best way to proceed in accident cases! Often accidents result in charges of Reckless Driving, Failure to Maintain Lane, or Following Too Closely. At trial, my goal for an accident case is dismissal of the charge unless there was a rear end collision (in which case my goal is improper driving). Matney Law PLLC serving Newport News, Hampton, Yorktown, Williamsburg.   Avvo Lawyer Reviews...

Involve Testimony

Accident cases often involve testimony from witnesses who are not police officers. These witnesses, whether other drivers who were caught up in the accident or bystanders, help the police explain to the judge the reason for the charges. The problem for the police officer is that as soon as his witness describes the accident differently than my client, the judge has to question which version to believe. Judges grade according to the standard of Beyond a Reasonable Doubt. My role is to emphasize the differences among the various explanations so that the judge has enough doubt to dismiss the charge.

Matney Law PLLC - Newport News - accident case dismissal

DUI/DWI Defense Lawyer - Newport News Virginia

Importance of Going to Trial

One August accident trial illustrates the importance of going to trial. My client was charged with Unsafe Lane Change after her car and the other vehicle collided side to side. Two descriptions of the accident could hardly have been more different. The other driver said that my client moved from the far left lane into the center lane where he was driving and caused the accident. My client and her witness stated that the other driver was in the far right lane and cut them off when he moved into the center lane. What?! Were they even describing the same accident? The judge dismissed the charge against my client and explained that he could not find her guilty because the testimony was conflicting and the vehicle damage was consistent with the statements of both parties.

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

Virginia Alcohol Safety Action Program (ASAP)

Virginia Alcohol Safety Action Program (ASAP)

General Information, State Directory
Phone: 804-786-5895
Website: www.vasap.state.va.us/index.html

Chesapeake Bay ASAP
757-552-1800
868North Newtown Road
Virginia Beach, VA 23462
http://www.vasap.org/chesapeakebay/
Serving: Accomac, Northampton, Norfolk, and Virginia Beach

Peninsula ASAP
757-594-8970
216 Village Parkway
Newport News, VA 23601
http://www.peninsulaasap.com/
Serving: Charles City County, Hampton, James City County,Newport News, Poquoson, Williamsburg, and York County

Southeastern Virginia ASAP
Portsmouth location:
757-396-6980505
Washington Street,
Suite 710
Portsmouth, VA 23704

Suffolk location:
757-925-1597
140 West Washington Street,
Suite 104
Suffolk, VA 23434
http://www.vasap.state.va.us/locateanasap/southeasternvirginia.html
Serving: Chesapeake, Franklin, Isle of Wight, Portsmouth,Smithfield, Southampton and Suffolk

DUI/DWI Defense Lawyer - Newport News Virginia

Counseling

Counseling and Substance Abuse Treatment

The Lawyers at Matney Law PLLC – counseling and substance abuse treatment information. The Matney Law firm defends people against reckless driving, speeding, expired license, running a red light, DUI, DWI, driving without license, passing a stopped school bus. Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry, Toano.

Recovery for Life – Dr. Paul Hardy
Virginia Beach
757-456-0093
www.myrecoveryforlife.com

Edgehill: A Recovery Retreat Center
540-662-8865
315 East Cork Street
Winchester, VA 22601
http://edgehillrecovery.org/

The Farley Center at Williamsburg Place
757-565-0106 / 800-582-6066
5477 Mooretown Road
Williamsburg, VA 23188
http://farleycenter.com/

Rehab Center
Phone: 888-979-9592
Website: www.rehabcenter.net

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

Referral Attorneys

Referral Attorneys

The Lawyers at Matney Law PLLC – Referral Attorneys Information. The Matney Law firm defends people against reckless driving, speeding, expired license, running a red light, DUI, DWI, driving without license, passing a stopped school bus. Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry, Toano.

B. Scott Wash, Esq
Tel. 757-355-1806
bscottwash@gmail.com
Family Law, Personal Injury

Brian Gillette, Esq.
Gillette Law Group, PLLC
Tel. 757-220-4529/ 757-2209451
1315 Jamestown Rd, Suite 102, Williamsburg, VA 23185
www.gillettelawgroup.com
Disability Benefits, Chair, Virginia Trial Lawyers Association, Social Security Law Section

Jeremy Forrest
Beavers Law
757-234-4650
Estate Administration

Shannon Forrest
Beavers Law
757-234-4650
Family Law

Driver Improvement & RADEP Courses

Driver Improvement Courses

Budget Driver Improvement
(757) 969-1096
Multiple locations
www.vadmvclass.com

Virginia Department of Motor Vehicles
Computer based driver improvement clinics
http://www.dmv.virginia.gov/drivers/#pcbased.html

 

RADEP Providers (Reckless and Aggressive Driver Education Program)

A.  A&AAA Be Better Drivers, 804-748-2851, bebetterdrivers.com. This class includes both the standard 8 hour driver improvement program and additional hours for the reckless and aggressive driving program.

B.  In the alternative, you may complete any standard 8 hour driver improvement course and then complete a separate 4 or 6 hour reckless and aggressive driving course with one of the following providers:

  1. All Wise Driving School, Richmond, Tel. 804-218-7350, http://www.allwise-drivingschool.com
  2. Capital Area ASAP, 4915 Augusta Avenue, Richmond, VA 23230, tel 804-367-6090.
  3. John Tyler ASAP, 4211 Old Hundred Road, Chester, VA 23831, tel 804-796-4281, vasap.state.va.us/locateanasap/johntyler.html
  4. Online class: https://ntsi.com/our-services/court-diversion/aggressive-driving/.  Virginia does not offer an online version.  You will need to select a Level 2 case such as the one offered for Washington State.