Attorney Mark Matney of Newport News Virginia has compiled and extensive list of case results going back to 2015 for your review. The traffic court defense team at Holcomb Law has defended thousands of cases in traffic court including DUI and DWI, failure to yield, speeding, etc. So please think of the lawyers at Holcomb Law when you require a defense attorney.
This is a listing of the 2018 Case Results handled by Holcomb Law, PC.
We serve the Hampton Roads area of Virginia with the top traffic court defense attorneys in the area.
Disclaimer for Case Results
I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2018 and provided them on the website for your review. I chose not to post only the most successful cases or a sampling of cases. Instead, I have provided outcomes for all of my traffic related matters. In some instances I have reported only the final Circuit Court result when a case was presented in the General District Court and then appealed to the Circuit Court.
To protect confidentiality, I have removed the identities of clients, judges, and law enforcement personnel.
This information accurately reflects the outcomes of those cases but the results in each situation depend on many factors and cannot be relied on to guarantee the result in your particular matter. Each case is unique because it involves its own combination of evidence, client history, law enforcement, prosecutor, and judge.
Note: In every case where a Reckless Driving charge is amended to Speeding or Improper Driving, the outcome involves a criminal misdemeanor becoming a traffic infraction.
• Reckless Driving by Speed, 78/55. Result: Amended to Improper Driving w/ $125 fine.
• Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 69/60 w/ $250 fine.
• Reckless Driving by Speed. 75/55. Result: Amended to Defective Speedometer w/ $50.00 fine.
• (1) Reckless Driving by Speed, 86/70 Result: To be amended to Improper Driving on review date if completes driver improvement course and pays $175 fine. (2) Operating with Tint/Signs/Decals Windows. Result: Dismissed by Nolle Pros.
• (1) Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 85/60 w/ $250 fine. (2) Unsafe Lane Change. Result: $30.00 fine.
• (1) DWI with Minors in the Vehicle. Result: $500 fine (mandatory minimum), ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail w/ 175 days suspended (5 days jail to serve). This result avoided the one year license suspension of a refusal charge and ten additional days of jail from two additional minors being present in the car. • (2) Refusal. Result: Dismissed by Nolle Pros. (3) Reckless Driving. Result: Dismissed.
• DWI 1st. Result: ASAP, $500 fine with $250 suspended, 365 days jail – all suspended, 12 months suspended license w/ restricted license, 6 months ignition interlock. This result accomplished the minimum sentence permitted by the Virginia Code.
• (1) DWI 1st. Result: ASAP, $500 fine w/ $250 suspended, 6 months jail – all suspended, 12 months suspended license w/ restricted license, 6 months ignition interlock, one year good behavior. (2) Reckless Driving. Result: Dismissed. This result accomplished the minimum sentence permitted by the Virginia Code.
• (1) Suspended License 2nd offense. Result: Dismissed! (2) Failure to Obey Stop Sign. Result: Dismissed!
Reckless Driving by Speed, 93/60. Result: Reduced to Speeding 79/60 w/ $250.00 fine.
• (1) Driving with Suspended License, 4th offense. Result: Reduced to Driving without a license w/ $50.00 fine. This result reduced the suspended license charge from a class 1 misdemeanor to a class 2 misdemeanor, avoided a minimum of 10 days of jail, and avoided 90 days license suspension. (2) Failure to Display Front License Plate. Result: $20 fine.
Reckless Driving w/ Accident. Result: Reduced to Improper Driving w/ $50 fine.
• (1) DWI 2nd in 5 years. Result: $500.00 fine, ASAP, $50.00 Trauma Fund, 3 years suspended license, 3 years good behavior, 365 days jail w/ 345 suspended – 20 days mandatory to serve on weekends. (2) Reckless Driving. Result: Dismissed! (3) Driving Without a License. Result: Dismissed by nolle pros.
• Speeding 74/55. Result: Reduced to Defective Equipment w/ $25.00 fine.
• DWI 2nd in 5 years & Show Cause for Failure to Appear. Result: ASAP, $1,000 fine, 3 years suspended license (eligible for restricted license after 1 year), 3 years good behavior, 180 days jail w/ 150 days suspended – 30 days mandatory jail to serve on weekends. This accomplished the mandatory minimum sentence for the DWI charge and avoided risk of jury trial demanded by the judge.
• Reckless Driving by Speed, 87/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
• Reckless Driving / Exceeding safe speed for road conditions. Result: Reduced to Improper Driving w/ $30 fine.
• DWI 2nd in 5 years. Result: $1,000 fine w/ $500 suspended, 365 days jail w/ 325 suspended, 36 months suspended license w/ eligibility for restricted license after 12 months, ASAP. This result accomplished the mandatory minimum permitted by the Virginia Code for a second offense except for 5 additional days of jail.
• (1) DWI 2nd in 5-10 years. Result: ASAP, $500 fine, 365 days jail w/ 353 days suspended – 10 mandatory and 2 discretionary days to serve on weekends, 3 years good behavior, 3 years suspended/restricted license, 6 months ignition interlock when apply for restricted license. (2) Reckless Driving. Result: Dismissed, (3) Refusal 2nd, (4) Open Container, (5) Impede Traffic. Results: Dismissed by Nolle pros. This result avoided convictions, fines, costs, and license suspension associated with four of the charges and ensured the minimum sentence for the DWI except for one extra overnight of jail.
• (1) DWI 1st. Result: ASAP, $250 fine, 180 days jail – all suspended, one year good behavior, 12 months suspended/restricted license, 6 months ignition interlock. (2) Reckless Driving w/ Accident. Result: Dismissed! (3) Fail to Yield. Result: Dismissed!
• Speeding, 80/60. Result: Dismissed without court costs. Officer did not have calibration records.
• (1) DWI 2nd within 5 years (elevated BAC). Result: Reduced DWI 2nd within 5 years to DWI 2nd within 5-10 years. $1000 fine w/ $500 suspended, ASAP, 3 years suspended license, eligible for restricted license after 4 months, 6 months ignition interlock when obtains restricted license, 3 years good behavior, 6 months jail w/ 5 months suspended – this leaves 30 days to serve on weekends. The amendment reduced the waiting period for a restricted license from 12 months to 4 months. (2) Reckless Driving. Result: Dismissed!
• Reckless Driving – Fail to Maintain Control w/ Accident. Result: Reduced to Improper Driving w/ $200 fine.
• Improper Backing w/ Accident. Result: Judge noted that he was in a difficult position but found that he was at fault. Guilty of Improper Backing, but judge waived fine and only required court costs of $66.00.
• DWI (elevated BAC). Result: Reduced from 0.22 BAC (10 days mandatory jail) to 0.20 BAC (5 days mandatory jail). ASAP, $500 fine w/ $250 suspended, 12 months suspended license w/ restricted license granted, 6 months ignition interlock, 2 years good behavior, 90 days jail w/ 82 days suspended (only 6 days to serve with credits). (2) Open Container. Result: Dismissed by Nolle pros.
• Reckless Driving, Fail to maintain proper control w/ Accident. Result: Reduced to Improper Driving w/ $75 fine.
• Speeding, 52/35. Result: Reduced to defective equipment w/ $25 fine.
• Reckless Driving by Speed, 90/60. Result: Dismissed!
• Driving without Headlights w/ Accident. Result: Judge ruled evidence sufficient for guilty, but amended to defective equipment w/ $50.00 fine.
• DWI 1st. Result: ASAP, Eligible to apply for restricted License, 6 months interlock if applies for Restricted License, 365 days jail – all suspended, 12 months good behavior, $500.00 fine w/ $250 suspended.
• Reckless Driving by Speed, 86/70. Result: Reduced to Speeding.
• Speeding, 77/55. Result: Reduced to Improper Driving w/ $160 fine.
• 2 ASAP show cause violations. Result: Guilty of the ASAP violations, but judge did not impose any penalty. No jail, fine, or community service. The judge reinstated client into the ASAP program and placed client on good behavior for 3 years.
• DWI 1st with elevated BAC (0.15). Result: Reduced to standard BAC (0.08 – 0.14). ASAP, $250 fine, 12 months suspended license w/ restricted license, 6 months ignition interlock, 60 days jail w/ 55 days suspended, 2 years good behavior. This result reduced the active jail sentence by changing the 5 days of jail from mandatory time to discretionary time.
• Reckless Driving by Speed, 88/70. Result: Reduced to Improper Driving with $400 fine.
• Shoplifting (grand larceny) – Felony. Result: Dismissed by Nolle Pros!
(1) DWI 2nd within 5 years with elevated BAC. Result: Reduced the DWI 2nd to DWI 1st. ASAP, $500 fine w/ $250 suspended, 12 months suspended license, eligible for restricted license immediately but did not apply due to relocating, 90 days jail w/ 60 days suspended (18 days to serve after good time credit). The amendment of the DWI reduced the license suspension from 3 years to 1 year, reduced the jail from 30 days minimum to 18 days, and avoided a 1 year delay before eligible for a restricted license. (2) Reckless Driving (failure to maintain control). Result: Dismissed by Nolle Pros. This result avoided a conviction, fine and costs.
• DWI 1st w/ elevated BAC. Result: ASAP, $500 fine w/ $250 suspended, 180 days w/ 175 days suspended (5 days mandatory to serve on weekends), 12 months suspended license w/ restricted license. This result ensured the mandatory minimum sentence permitted under the Virginia Code.
• (1) Failure to Obey Highway Sign. Result: Dismissed w/ payment of court costs! (2) Speeding 74/55. Result: Reduced to Speeding 64/55 w/ $54 fine.
• Reckless Driving (failure to yield right of way). Result: Dismissed!
• Reckless Driving by Speed, 94/70. Result: $500 fine w/ no jail or license suspension.
• Reckless Driving by Speed, 69/45. Result: Reduced to Speeding, 64/45 w/ $114 fine.
• Driving without a License. Result: Dismissed!
• Public Intoxication. Result: Dismissed with payment of court costs.
• Reckless Driving by Speed, 95/70. Result: $500 fine, 30 days jail – all suspended. This result avoided an active jail sentence and license suspension.
• (1) DWI 1st, elevated 0.26 BAC. Result: Reduced to Standard BAC, 1st Offense. ASAP, 30 days jail – all suspended, $500 fine w/ $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior. (2) Reckless Driving General. Result: Dismissed! The amendment of the BAC avoided 10 days mandatory minimum jail.
• DWI 1st. Result: Reduced to Reckless Driving General. $500 fine w/ $250 suspended, 30 days jail – all suspended, ASAP, 2 years good behavior, 6 months suspended/restricted license.
• Reckless Driving by Speed, 92/70. Result: Withheld finding (juvenile court). Charge to be amended or dismissed on review date if client complies with conditions: (1) pay court costs; (2) 25 hours community service; (3) Provide proof of completing high school; (4) No new violations.
• Driving with suspended license (4th offense). Result: Dismissed! This result avoided the misdemeanor, 10 days mandatory minimum jail, and 90 days license suspension.
• Reckless Driving/General. Result: Reduced to Driving Wrong Way w/ $100.00 fine.
• Failure to signal. Result: Dismissed!
• (1) Driving with suspended license. Result: Amended from 3rd offense to 2nd, 5 days jail to serve on weekends, 90 days license suspension; (2) Red Light Violation. Result: $50 fine. (3) No proof of insurance. Result: Dismissed with court costs. (4) Driving without license in possession. Result: Dismissed with court costs.
• DWI 1st (0.11 BAC). Result: Not Guilty! This result was achieved at trial based on a legal argument that excluded the breath certificate and discrepancies between the video and the officer’s testimony and notes.
• Public Intoxication. Result: Dismissed with payment of court costs!
• Speeding, 49/25. Result: Reduced to Speeding, 39/25 w/ $84.00 fine.
• Reckless Driving by Speed 82/70. Result: $100.00 fine. Avoided jail and license Suspension. This is not a typical result for this speed so I encouraged an appeal.
• Driving with suspended license (class 1 misdemeanor). Result: Reduced to Driving without a license (class 2 misdemeanor) w/ $100 fine. This result avoided 90 days of license suspension.
• (1) DWI 1st (no BAC). Result: ASAP, 30 days jail – all suspended, $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior. (2) Refusal. Result: Dismissed by Nolle Pros. (3) Impede Traffic. Result: Dismissed by Nolle Pros.
• (1) Reckless Driving by Speed, 83/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. (2) Suspended License, 5th offense. Result: Reduced to Driving Without a License w/ $100 fine. This result avoided the misdemeanor for reckless driving and reduced the driving with suspended license charge from a class 1 misdemeanor to a class 2 misdemeanor. This result avoided 90 days license suspension and 10 days mandatory minimum jail.
• (1) Driving While Suspended, 5th offense (class 1 misdemeanor). Result: Reduced to no license in possession (traffic infraction) w/ $10.00 fine. (2) Counterfeit Inspection Sticker. Result: $100 fine. (3) Display License Plate on another vehicle. Result: $50 fine. This result avoided the misdemeanor (30 days jail, 90 days license suspension).
• DWI, 1st. Result: ASAP, $500 fine w/ $250 suspended, 90 days jail – all suspended, 12 months suspended license w/ restricted license, Ignition interlock – may petition for removal after 6 months. This result ensured the minimum sentence permitted by the Virginia Code.
• (1) Felony Extortion. Result: Dismissed by Nolle Pros. (2) Cause Telephone to Ring With Intent to Annoy. Result: Dismissed by Nolle Pros. (3) Harassment by Computer; (4) Unlawful Dissemination of Image (Count One); (5) Unlawful Dissemination of Image (Count Two). Result: 10 hours Community Service, 4 months jail – all suspended, No contact with victim, 3 years good behavior, Complete assessment and follow any recommended treatment or counseling. This result avoided the felony and one of the misdemeanors with no fines and no active jail.
• Fail to Obey Highway Lane Markings w/ Accident. Result: Dismissed!
• Speeding, 69/60. Result: Reduced to Defective Equipment w/ $90 fine.
• Reckless Driving by Speed, 83/60. Result: Reduced to speeding, 69/60 w/ $54.00 fine.
• Reckless Driving, too fast for conditions, w/ Accident. Result: Dismissed w/ no court costs!
• Reckless Driving by Speed, 79/45. Result: $500.00 fine w/ $101 court costs.
• Reckless Driving by Speed, 82/60. Result: Reduced to Speeding. 79/60 w/ $114 fine.
• Reckless Driving General. Result: Reduced to Improper Driving w/ $75.00 fine.
• Speeding, 45/25. Result: Dismissed!
• Reckless Driving by Speed 56/35. Result: Reduced to Speeding 15-19 mph over limit w/ $250 fine.
• (1) Refusal 1st; (2) Speeding, 52/35. Result: Dismissed! (3) DWI 1st Result: $500 fine w/ $250 suspended, ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 24 hours community service, and letter of apology to the officer.
• Reckless Driving by Speed, 65/35. Result: Reduced to speeding, 54/35 w/ $114 fine.
• Reckless Driving by Speed, 84/60. Result: Reduced to Improper Driving w/ $138 fine.
• Reckless Driving by Speed, 88/60. Result: Reduced to Improper Driving w/ $168 fine.
• Reckless Driving by Speed, 83/55. Result: Reduced to speeding, 74/55 w/ $140 fine.
• Reckless Driving by Speed, 83/65. Result: Reduced to speeding, 74/65 w/ $54 fine.
• Speeding 79/60. Result: Dismissed with payment of court costs!
• (1) Driving without License (1st offense); (2) Following too closely; (3) No Liability Insurance. Result: All 3 charges dismissed!
• Reckless Driving by Speed, 83/70. Result: Reduced to No Demerit Point violation w/ $130 fine.
• (1) Refusal. Result: Nolle pros. (2) DWI 1st. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 90 days jail – all suspended, $500 fine w/ $250 suspended, 12 months good behavior.
• Reckless Driving by Speed, 86/60. Result: Reduced to Improper Driving w/ $126 fine.
• (1) Driving with suspended license (3rd offense). Result: Dismissed! (2) Operating vehicle without brake lights. Result: $25.00 fine.
• Show Cause for Non-compliance w/ ASAP. Result: 30 days jail w/ 20 suspended, $130 court costs.
• (1) Stop sign violation. Result: $50 fine. (2) Driving with suspended license, 5th offense. Result: $500 fine, 90 days license suspension, 365 days jail w/ 325 suspended (25 days to serve on weekends).
• Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 77/60 w/ $102 fine. This result avoided the misdemeanor.
• Violation of Learner’s Permit. Result: Dismissed!
• Reckless Driving, Fail to Maintain Control. Result: Reduced to Improper Driving w/ $50.00 fine.
• Reckless Driving by Speed, 76/55. Result: Reduced to Speeding, 64/55 w/ $54.00 fine. This result avoided the misdemeanor.
• Review for ASAP compliance. Result: ASAP Show Cause Dismissed!
• (1) Open Container; (2) Failure to maintain lane. Result: Nolle Pros. (3) DWI 1st. Result: VASAP, 12 months jail w/ 12 months suspended, eligible for restricted license, 6 months ignition interlock if obtain restricted license within 12 months of the court date, 2 years good behavior. This result avoided the misdemeanor, fines, and a traffic infraction. It also avoided 5 days minimum jail for an elevated BAC and ensured the minimum DUI sentence permitted by the Virginia code.
• (1) Reckless Driving by Speed, 46/25. Result: Reduced to Speeding w/ $126 fine. (2) Improper Windows Tint. Result: $25 fine. This result avoided the misdemeanor and possibility of license suspension.
• Assault and Battery. Result: $250.00 fine – all suspended, 90 days jail w/ 88 suspended – 2 days jail mandatory.
• Driving with suspended License, 7th offense. Result: Reduced to no License in Possession. This result reduced the charge from a criminal misdemeanor to a traffic infraction. The client avoided 10 days mandatory jail, 90 days license suspension, and 6 DMV demerit points.
• Reckless Driving by Speed, 90/65. Result: Judge granted continuance for client to complete more steps before deciding case.
• Drunk in Public. Result: Dismissed based on preparedness and testimony of officer. This result avoided the misdemeanor.
• Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 88/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This result avoided the misdemeanor.
• Motion to amend sentence. Result: Motion was granted, probation and good behavior period were ended.
• Driving with suspended License. Result: Client granted continuance to obtain license.
• Reckless Driving w/ Accident. Argued that since officer did not see the accident and did not subpoena witnesses, the case should be dismissed. Result: Dismissed!
• Driving with revoked License due to prior DUI suspension. Result: 180 days jail with 160 days suspended, $100 fine, 12 months good behavior.
• Reckless Driving by Speed, 87/60. Result: Reduced to Speeding, 79/70 w/ $215.00 fine.
• (1) Reckless Driving. Result: Dismissed! (2) DWI, 0.22 BAC. Result: $250 fine, ASAP, 12 months suspension. No ignition interlock requirement, 180 days jail w/ 170 days suspended – 10 days jail mandatory.
• (1) Reckless Driving General. Result: Dismissed! (2) DWI 1st, 0.09 BAC. Result: $250 fine, ASAP, all jail time suspended, 12 months suspended license or restricted w/ ignition interlock.
• Reckless driving by Speed, 86/70. Result: Reduced to Improper Driving w/ $200 fine.
• Reckless Driving, Failure to maintain control. Result: Dismissed!
• Reckless Driving by Speed, 92/60. Result: 90 days suspended license, 30 days jail – all suspended, $500 fine, fine suspended if client completes 92 hours of community service.
• Following too closely. Result: Dismissed w/ no fine!
• (1) Failed to Maintain Control. Result: Reduced to Improper Driving w/ $75.00 fine. (2) Reckless Driving by Speed, 45/25. Result: Dismissed with no fine! This result avoided the misdemeanor for both charges.
• (1) Refusal; (2) Speeding 52/35; (3) DWI 1st. Result: Provided judge with client’s apology letter, CCD’s letter indicating successful completion of community service, and recommending successful discharge from CCD. Client was immediately removed from CCD supervision.
• Reckless Driving by Speed, 81/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
• Possession of controlled substance. Result: Dismissed!
• Speeding, 60/45. Result: Dismissed! Officer’s Radar was certified more than 6 months before stop.
• (1) Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $250 fine. This result avoided the misdemeanor. (2) Failure to Obey Lane Markings. Result: $100 fine.
• Speeding, 74/60. Result: Will be dismissed on Review Date without a court appearance if client complies with conditions: Pay $66.00 court costs, No new violations, must provide updated DMV transcript dated within 10 days before the review date.
• Driving w/ suspended license, 3rd offense. Result: Reduced to driving w/ suspended license, 2nd offense. 30 days jail – all suspended, 90 days suspended license – all suspended, one year good behavior, no fine, $296 court costs.
• Reckless Driving by Speed, 71/45. Result: Dismissed!
• Possession of Marijuana, 2nd. Result: Reduced to Possession of Marijuana 1st, $250.00 fine, 30 days jail – all suspended, 6 months Suspended/Restricted License, 12 months good behavior.
• DWI 1st, (0.19 elevated BAC). Result: ASAP, $250 fine, 90 days jail w/ 85 days suspended – 5 days mandatory due to elevated BAC, 12 months suspended license w/ restricted license, 12 months ignition interlock. May petition for removal if no violations after 6 months.
• Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $75.00 fine. This result avoided the misdemeanor.
• Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $30.00 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 85/65. Result: Reduced to Speeding, 84/65. This result avoided the misdemeanor.
• Fail to Yield Right of Way. Result: Dismissed!
• Reckless Driving General w/ Accident. Result: Dismissed w/ payment of court costs.
• Reckless Driving by Speed, 70/45. Result: Reduced to Speeding, 70/45 w/ $250 fine.
• ASAP show cause for non-compliance. Result: 90 days jail w/ 86 days suspended. Referred back to ASAP supervision.
• Speeding, 79/60. Result: Reduced to speeding, 74/60. This result avoided a 30 day license suspension.
• Speeding, 75/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine.
• DWI, 1st, 0.04 BAC. Result: Reduced to Reckless Driving General. $250 fine, 3 months suspended license, 365 days jail – all suspended, 2 years good behavior.
• Reckless Driving by Speed, 86/60. Result: Speeding, 80/60 w/ $120 fine.
• Reckless Driving, Failure to maintain control w/ Accident. Result: Reduced to Improper Driving w/ $100 fine.
• Reckless Driving by Obstructed View. Result: Reduced to Improper Driving w/ $75.00 fine.
• DWI 1st, 0.11 BAC. Result: $500 fine w/ $250 suspended, VASAP, 12 months suspended license, ignition interlock, 30 days jail – all suspended.
• Failure to Obey Highway Sign. Result: $54 fine.
• (1) DWI 2nd in 5 years, 0.16 BAC. Result: VASAP, 12 months jail w/ 10 suspended (30 days mandatory and 1/2 of 30 days = 45 days to serve), $2,500 fine w/ $1,500 suspended, 3 years suspended license, 2 years good behavior. (2) Following Too Closely. Result: Not Guilty.
• (1) Improper U-Turn; (2) Improper use of unauthorized lights. Result: Both Charges Dismissed! Must pay court costs for the U-Turn charge.
• (1) Failure to Appear; (2) No Insurance. Result: Both Dismissed! (3) Reckless Driving. Result: $150 fine with no license suspension.
• Assault on Family Member. Result: Dismissed by Nolle Pros!
• (1) Fail to obey stop sign w/ Accident; (2) Expired Inspections. Result: Both Dismissed!
• (1) Improper Backing. Result: Dismissed by Nolle Pros! (2) DWI 1st, 0.15 BAC. Result: $500 fine w/ $250 suspended, 90 days jail – all suspended, ASAP, 12 months suspended License, 6 months ignition interlock.
• Reckless Driving General. Result: $500 fine w/ $400 suspended, 6 months good behavior. This result avoided license suspension and possible jail sentence.
• (1) 3rd Brake Light out. Result: Dismissed! (2) Driving w/ Suspended License, 2nd Offense. Result: Reduced to Driving without a License w/ $50 fine.
• Reckless Driving by Speed, 57/35. Result: Reduced to Speeding, 57/35 w/ $220 fine. This result avoided the misdemeanor and the possibility of license suspension.
• Reckless Driving by Speed, 101/45. Result: $500.00 fine, 90 days jail w/ 88 days suspended (one overnight to serve), 2 years good behavior, 6 months suspended license w/ Restricted license after 30 days.
• Petition for extension of Restricted License and removal of Ignition Interlock machine. Result: Restricted License extended and ignition Interlock no longer required.
• Reckless Driving by Speed, 80/55. Result: Reduced to Speeding, 15-19 mph, $90.00 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 95/55. Result: Reduced to Reckless Driving, 75/55 w/ $300.00 fine. No jail or license suspension.
• Tunnel Height Violation (Class 1 Misdemeanor). Result: Reduced to Defective Equipment w/ $250 fine to pay within 30 days. This result avoided the criminal misdemeanor and the $1,000 mandatory fine.
• Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 80/60 w/ $120 fine. This result avoided the criminal misdemeanor.
• Reckless Driving by Speed, 83/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 86/70. Result: Reduced to Speeding, 86/70 w/ $250 fine. This result avoided the misdemeanor.
• Speeding, 62/45. Result: Reduced to Defective Equipment w/ $100 fine.
• Speeding, 80/60. Result: Reduced to Speeding, 79/60 w/ $114 fine.
• Reckless Driving by Speed, 87/60. Result: Reduced to Improper Driving w/ $250.00 fine. This result avoided the misdemeanor.
• (1) Reckless Driving by Speed, 92/45. Result: $1,000 fine w/ $500 suspended, 30 days jail w/ 27 days suspended, 6 months suspended/restricted license. (2) No State Inspection. Result: Dismissed! (3) No License in Possession. Result: Dismissed!
• Following Too Closely w/ Accident. Result: Dismissed!
• Reckless Driving by Speed, 68/45. Result: Reduced to Speeding, 68/45 w/ $138 fine. This result avoided the misdemeanor.
• Speeding, 61/45. Result: Reduced to Defective Equipment.
• Driving While Suspended or Revoked. Result: 60 days jail w/ 50 suspended, $300 fine, 90 days Suspended License.
• Reckless Driving Speed 59/35. Result: Reduced to Speeding, 49/35 w/ $84.00 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 92/70. Result: Dismissed!
• Reckless Driving by Speed, 83/60. Result: Reduced to Improper Driving w/ $138 fine.
• Reckless Driving by Speed, 86/60. Result: Reduced to Improper Driving w/ $156 fine.
• Reckless Driving by Speed, 100/60. Result: $250 fine, 30 days jail – all suspended, 60 days suspended license, eligible for restricted license, one year good behavior.
• Speeding, 50/35. Result: Reduced to Speeding, 44/35 w/ $54.00 fine. This avoided the misdemeanor.
Reckless Driving, Fail to maintain Control w/ Accident. Result: Dismissed! This result avoided the misdemeanor.
• (1) Reckless Driving w/ Accident. Result: Reduced to Improper Driving, $100.00 fine. (2) Dangling Object in View of Driver. Result: Dismissed!
• Reckless Driving by Speed, 89/65. Result: Reduced to Defective Equipment w/ $25.00 fine.
• Reckless Driving by Speed, 85/60. Result: Reduced to Speeding, 71/60 w/ $66.00 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 80/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. This result avoided the misdemeanor.
• Speeding, 49/30. Result: Dismissed!
• Reckless Driving by Speed, 57/35 (Work Zone). Result: Reduced to Speeding, 44/35 w/ $63.00 fine. This avoided the misdemeanor.
• (1) DWI. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, $250 fine, all jail suspended. (2) Reckless Driving by Speed. Result: Dismissed by Nolle Pros.
• DUI, 1st. Result: One year probation, ASAP, $500 fine, $25.00 assessment, 12 months Suspended License.
• Reckless Driving by Speed, 82/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 85/60. Result: Reduced to Speeding, 85/60 w/ $250 fine.
• (1) DWI, 1st, 0.29 BAC. Result: $500 fine w/ $250 suspended, 30 days jail w/ 20 days suspended, 10 days mandatory to serve on weekends. ASAP, 12 months suspended/restricted license, 6 months ignition interlock w/ camera, 2 years good behavior. (2) Reckless Driving by Speed, 89/60. Result: Dismissed!
• (1) DWI, 1st, 0.15 BAC. Result: ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock, $500 fine, 90 days jail w/ 85 suspended, 50 hours Community Service (2) Underage Possession of Alcohol; (3) Speeding, 42/25. Result: Dismissed by Nolle Pros.
• Possession of Schedule I or II Controlled Substance. Result: One year good behavior, One Year supervision by Probation and Parole, 100 hours community service, Waive 4th Amendment right against unreasonable searches and seizure for one year, 6 months suspended license, $550 court costs.
• Speeding, 69/45. Result: Class B Misdemeanor (Federal), $300 fine, $30.00 processing fee, and $10.00 special assessment.
• Reckless Driving by Speed, 83/55. Result: Reduced to Improper Driving w/ $280 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 51/25. Result: Reduced to Speeding 26 over w/ $156 fine. This result avoided the misdemeanor.
• Driving Without a License, 2nd Offense. Result: $200 fine.
• Violation of Right Turn on Red. Result: Dismissed!
• Public Intoxication. Result: Dismissed!
• (1) Reckless Driving by Speed, 80/55. Result: Reduced to Improper Driving w/ $150 fine w/ $50 suspended. This result avoided the misdemeanor. (2) Unsafe Lane Change. Result: Dismissed!
• Following too closely w/Accident. Result: Not Guilty!
• (1) DWI 1st, 0.06 BAC. Result: Reduced to Reckless Driving General, $500 fine w/ $250.00 suspended, 30 days jail – all suspended, 2 years good behavior. (2) Reckless Driving by Speed, 78/55. Result: Reduced to Speeding, 75/55 w/ $120 fine.
• Driving w/ Revoked License due to DUI. Result: $100 fine, 90 days jail – all suspended, 50 hours Community Service with CCD. This result avoided 30 days of active jail ordered by the judge.
• Reckless Driving by Speed, 99/60. Result: $1,000 fine w/ $500 suspended, 10 days jail – all suspended, 60 hours Community Service with CCD, no License Suspension. This result avoided active jail time and 95 days of suspended/restricted license that were ordered by the judge.
• DUI 1st, elevated BAC. Result: ASAP, $250 fine, 90 days jail w/ 85 suspended – 5 days mandatory due to elevated BAC, 12 months suspended license, 2 years good behavior.
• (1) DUI 1st, 0.17 BAC; (2) Failure to Appear. Result: 12 months suspended/restricted license, ASAP, $1,500 fine w/ $1,150 suspended, 180 days jail w/ 175 days suspended – 5 days to serve on weekends, 2 years good behavior, 6 months ignition interlock. (3) Speeding, 62/35. Result: Dismissed by Nolle Pros.
• (1) Driving Without License (Class 2 misdemeanor). Result: Reduced to Driving Without License in Possession (Infraction) w/ $10.00 fine. (2) Reckless Driving by Speed, 88/60. Result: Reduced to Speeding, 71/60 w/ $66.00 fine. This result avoided misdemeanor convictions.
• Speeding, 74/60. Result: Reduced to Speeding, 9 over w/ $54.00. Lowest band for DMV and insurance.
• Speeding, 47/35. Result: Dismissed upon presentation of apology letter to Officer. The infraction will not appear on the DMV Transcript.
• Fail to Obey Traffic Signal. Result: Dismissed! The infraction will not appear on the DMV Transcript.
• (1) DWI 1st w/ elevated BAC. Result: ASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days jail w/ 175 days suspended – 5 days mandatory due to elevated BAC. (2) Reckless Driving. Result: Dismissed by nolle pros!
• Reckless by Speed, 82/60. Result: Reduced to Speeding, 75/60 w/ $90.00 fine. This result avoided the misdemeanor.
• (1) DWI 1st, 0.20 BAC. Result: 180 days jail w/ 185 suspended – 5 days mandatory to serve on weekends, ASAP, $250 fine, 12 months suspended/restricted license, 6 months ignition interlock, one year good behavior. (2) Open Container; (3) Fail to Yield. Result: Dismissed by Nolle Pros!
• Speeding, 79/60. Result: Client provided driver improvement certificate. Reduced to Speeding, 69/60 w/ $54.00 fine. Lowest band for DMV and insurance.
• Reckless Driving by Speed, 81/55. Result: Reduced to Speeding 10 over w/ $60.00 fine.
• Reckless Driving, 84/60. Result: Dismissed.
• Petition for Restricted License. Result: Judge granted Restricted License.
• Reckless Driving General w/ Accident. Result: Dismissed!
• Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 79/60 w/ $150 fine. This result avoided the misdemeanor.
• (1) Felony Hit & Run (Leaving scene of accident). Result: Reduced to a misdemeanor. 12 months jail w/ 10 months suspended, $250 fine – all suspended, 2 years good behavior. (2) DUI 1st w/ elevated BAC (0.15). Result: $250 fine, $50 trauma fund, ASAP, 12 months suspended license, 365 days jail w/ 360 suspended – 5 days mandatory to run concurrently with hit and run sentence, 2 years good behavior. Permitted to serve jail sentence on weekends. (3) Elude Police. Result: $100 fine, 30 days suspended license. (4) Underage possession of alcohol. Result: $500 fine.
• Reckless Driving by Speed, 82/60. Result: Reduced to 75/60 w/ $90.00 fine. This result avoided the misdemeanor.
• DWI 1st, 0.14 BAC. Result: $500.00 fine w/ $250 suspended, 60 days jail – all suspended, VASAP – one year, 12 months suspended/restricted license, 6 months ignition interlock.
• (1) Speeding, 79/60. Result: Reduced to Speeding, 69/60 w/ $54.00 fine. (2) HOV Violation. Result: Dismissed. (3) Fail to Give Signal. Result: Dismissed!
• DWI, 1st, 0.18 BAC. Result: ASAP, $500 fine w/ $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior, 90 days jail w/ 85 suspended – 5 days mandatory.
• Reckless Driving by Speed, 82/55. Result: Reduced to Speeding, 74/55 w/ $250 fine. This result avoided the misdemeanor.
• Reckless Driving – Fail to Maintain Control w/ Accident. Result: Reduced to Improper Driving w/ $125 fine.
• Speeding, 63/45 (18 mph over). Result: Reduced to Speeding, 54/45 (9 mph over) w/ $108 fine. Lowest band for DMV and Insurance.
• Speeding, 75/55. Result: $120 fine, $91.00 court costs. (2) Driving Under Suspended License/3rd Offense. Result: $100 fine, $91 court costs.
• Reckless Driving by Speed, 90/65. Result: Reduced to Improper Driving w/ $150 fine. This result avoided the misdemeanor.
• (1) Expired Registration. Result: $61.00 court costs. (2) No Valid Operator’s License. Result: Dismissed! (3) Fail to Obey Highway Sign. Result: $100 fine, $10.00 court costs.
• Reckless Driving by Speed, 69/45. Result: Reduced to Speeding, 54/45 w/ $54.00 fine.
• Speeding, 60/45. Result: Reduced to Defective Equipment w/ $100 fine.
• (1) DUI 1st, 0.15 BAC. Result: $250.00 fine, 90 days jail w/ 85 suspended- 5 days to serve, 12 months Suspended License, ASAP. (2) Speeding, 42/25. Result: Dismissed by Nolle Pros!
• (1) Fail to Display License Plate. Result: Dismissed with no court costs! (2) Suspended License 3rd. Result: 10 days jail, $300 fine, 90 days Suspended License.
• Speeding, 60/45. Result: Dismissed w/ payment of court costs.
• (1) DUI 1st, 0.14 BAC; (2) Failure to Maintain Control. Result: (1) ASAP, $250 fine, 180 days jail – all suspended, 12 months Suspended/Restricted License, 6 months ignition interlock, 12 months good behavior.
• Reckless Driving by Speed, 96/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This result avoided the misdemeanor.
• DUI 1st, 0.22 BAC. Result: Reduced to DUI 1st, 0.20 BAC. ASAP, $250 fine, 180 days jail w/ 175 suspended – 5 days mandatory jail, 12 months Suspended license. No ignition interlock requirement due to no restricted license.
• (1) Marijuana Possession (not 1st offended eligible) Result: $250 fine, 30 days jail – all suspended, 6 months Suspended/Restricted license, 12 months good behavior. (2) Improper Brake Lights. Result: Dismissed!
• (1) Speeding, 60/45. Result: Dismissed! (2) Driving Without License Result: Reduced To Driving Without A License – Infraction, Class 2 Misdemeanor. This result avoided the misdemeanor.
• (1) Reckless Driving by Speed, 92/70. Result: Reduced to Reckless Driving by Speed, 90/70 w/ $300 fine. No jail or License Suspension. (2) Expired Registration. Result: Dismissed!
• Reckless Driving by Speed, 70/45. Result: Reduced charge to 9 MPG over. This result avoided the misdemeanor.
• Speeding, 46/25. Result: Reduced to Speeding, 34/25 w/ $54.00 fine. This result placed the charge in the lowest band for DMV and insurance.
• Reckless Driving by Speed, 65/35. Result: $180 fine. This result avoided jail and License Suspension.
• (1) DUI 1st, 0.11 BAC. Result: ASAP, 60 days jail – all suspended, 2 years good behavior (no new misdemeanors), 12 months Suspended license w/ Restricted license, 6 months ignition interlock. (2) Reckless Driving w/ accident/fail to maintain control. Result: Dismissed by Nolle Pros w/ no fine.
• (1) DUI, 1st. Result: $250 fine, 180 days jail – all suspended, 12 months Restricted License, 6 months ignition interlock (Range 6 -12 months), ASAP, 2 years good behavior. (2) Reckless Driving. Result: Dismissed by Nolle Pros! (3) Refusal. Result: Dismissed by Nolle Pros! This result avoided 12 months license suspension.
• Reckless Driving by Speed, 110/70. Result: $500 fine, 60 days jail w/ 50 suspended – 5 days to serve after good time credit, 6 months suspended license, restricted license after 60 days.
• Reckless Driving by Speed, 95/70. Result: $500 fine, 30 days jail – all suspended, 6 months Suspended/Restricted license after 30 days. This result avoided the active jail sentence and any community service requirement.
• Reckless Driving General w/ Accident. Result: Reduced to Improper Driving w/ $100 fine. This result avoided the misdemeanor.
• Reckless Driving – Operating with Improper Brakes w/ Accident. Result: Reduced to Improper Equipment w/ $100 fine. This result avoided the misdemeanor.
• Red Light Violation. Result: Dismissed! The charge will not appear on the DMV transcript.
• Driving w/ Suspended License, 5th Offense – Class 2 Misdemeanor. Result: Reduced to Driving Without License in Possession, (traffic infraction) w/ $10.00 fine. This result avoided the misdemeanor, 10 days mandatory minimum jail, and 90 days license suspension.
• (1,2) 2 Charges Driving with Suspended License, 3rd or subsequent offense. Result: Reduced to Driving Without License, 30 days jail – all suspended, 1st Offence – $300.00 fine – all suspended, 2nd Offense – $300 fine w/ $200 suspended. (3) Failure to Appear. Result: Dismissed!
• DWI 1st. Result: $500 fine w/ $250 suspended, 180 days jail – all suspended, ASAP and no alcohol, 12 months Suspended/Restricted, ignition interlock for 12 months – can petition for removal after 6 months.
• Reckless Driving by Speed, 80/55. Result: Reduced to Speeding, 80/55 w/ $250 fine.
• (1) Driving w/ Suspended License Result: Not Guilty. (2) Expired Registration. Result: Dismissed with payment of court costs.
• (1) DWI 1st w/ elevated BAC. Result: ASAP, 12 months Suspended/Restricted license, 6 months ignition interlock, $1000 fine w/ $500 suspended, 90 days jail w/ 80 days suspended – 10 days mandatory to serve. (2) Fail to Obey Highway Signal. Result: Dismissed by nolle pros! This result accomplished the minimum sentence permitted by the Virginia Code and avoided the traffic charge.
• Reckless Driving by Speed, 84/60. Result: Reduced to Improper Driving w/ $144 fine. This result avoided the misdemeanor.
• (1) Speeding, 80/60. Result: Reduced to Speeding, 69/60 w/ $120 fine. This result avoided the misdemeanor. (2) No Drivers License. Result: Not Guilty!
• (1) DUI 1st. Result: 30 days jail – all suspended, $500 fine w/ $250 suspended, ASAP, 12 months Suspended/Restricted License, 6 months ignition interlock. (2) Reckless Driving – Fail to Maintain Lane. Result: Dismissed by Nolle Pros!
• (1) DUI 1st. Result: $500 fine, 6 months jail – all except 15 days suspended, ASAP and no alcohol, 12 months Suspended/Restricted license, 6 months ignition interlock. (2) Refusal, 1st. Result: Dismissed!
• (1) DWI 1st. Result: 180 days jail – 175 days suspended – 5 days to serve, 12 month Suspended/Restricted license, 1 year probation, $250 fine. (2) Driving Suspended, 3rd Result: Dismissed by Nolle Prose. (3) Reckless Driving. Result: Dismissed!
• Reckless Driving by Speed, 73/45. Result: Reduced to Improper Driving w/ $280 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 86/60. Result: Reduced to Speeding, 79/60 w/ $114 fine. This Result avoided the misdemeanor.
• Reckless Driving by Speed, 94/65. Result: Reduced to Improper Driving w/ $500 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 58/35 (23 mph). Result: Reduced to Speeding, 54/35 (19 mph) w/ $100 fine.
• Speeding, 80/60. Result: Reduced to Defective Equipment/Speedometer w/ $140 fine.
• Speeding, 49/30. Result: Reduced to Defective Equipment w/ $50.00 fine.
• (1) Driving with Suspended License, 3rd. Result: Dismissed! (2) Fail to Appear. Result: $100 fine. The dismissal of the Driving with Suspended License charge avoided the misdemeanor.
• Reckless Driving by Speed, 98/65. Result: $750 fine, 30 days jail – all suspended, 33 days community service.
• Improper Lane Change w/ Accident. Result: Dismissed!
• Reckless Driving by Speed, 67/45. Result: Reduced to Speeding, 64/45 w/ $90.00 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 88/60. Result: Reduced to Improper Driving w/ $250 fine. This result avoided the misdemeanor.
• Reckless Driving by Speed, 102/60. Result: $1,000 fine w/ $750 suspended, 30 days jail w/ 26 suspended – 4 days to serve, 60 days suspended/restricted license.
• (1) DWI 3rd in 5-10 years. Result: Reduced to DWI 2nd in 5-10 years. ASAP, 180 days jail w/ 160 suspended – 10 mandatory and 1/2 of 10 = 15 to serve, 3 years Suspended License – Restricted after 4 months, ignition interlock – 6 months when applies for restricted license, $1,000 w/ $500 suspended. (2) Refusal. Result: Dismissed by Nolle Pros. This result avoided Class 2 Misdemeanor, 3 years suspended license, fine, and costs.
• (1) DUI 1st. Result: ASAP, 12 months Suspended License, 12 months jail – all suspended, $500 fine w/ $250 suspended, 2 years good behavior. (2) Reckless Driving by Speed, 54/35. Result: Reduced to Speeding w/ $114 fine. This result avoided a misdemeanor for the reckless driving and accomplished the minimum sentence permitted by the Virginia Code for the DUI.
• Fail to obey Highway Sign. Result: Dismissed!
Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
__________________________________
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.
We welcome the input of those we have defended and counseled. Please provide your review through Google and/or Avvo.
If you are considering representation, then please visit our social media review pages at Google and Avvo.
Holcomb Law, PC, provides DUI and Traffic Court defense throughout Hampton Roads with an emphasis on the Virginia Peninsula jurisdictions of Newport News, Hampton, York County, and Williamsburg.
Please sign into your Google Account
and then just click on the image above!
It's that simple!
It's so easy to review your lawyer with
Avvo, just click on the Avvo logo above
fill in the review form.
Community Knights, Thrive Peninsula, Dreams of Hope Foundation
Attorney Mark Matney - Holcomb Law, PC has put together a list of organizations that regularly accept our clients as volunteers and are familiar with the letter we want them to provide you for court.
Community Knights, Newport News, VA
Assist with a Bingo fundraiser that supports local charities.
Wednesday evenings and Sunday afternoons.
Call Tammy Rodriguez at 757-932-8440
Website: https://communityknights.org
THRIVE Peninsula, Newport News VA
Call 757-877-6211 x2 or email [email protected]
Opportunities include cleaning the outreach center, packing donated shoes, helping at the front desk and assisting with the food pantry.
Website: https://www.thrivepeninsula.org
Dreams of Hope Foundation, Newport News, VA
Call Betty Dent, Volunteer Coordinator, at 757-806-6339
Volunteers help the program with their mission of assisting families with clothing and transportation. Dreams of Hope also operates a re-entry program for convicted felons.
Website: https://www.dreamsofhopefoundation.org
Williamsburg House of Mercy, Williamsburg, VA
Call Ellen at 757-229-3700 or email [email protected]
Provides homeless shelter and soup kitchen. Volunteers are especially needed for their food pantry. (Must be at least age 18.)
Website: https://www.williamsburghouseofmercy.org
Breaking the Cycle 757, Williamsburg, VA
Call DonQuitta Clements at 757-837-6330
Numerous opportunities. They will match your interests with a project. Breaking the Cycle 57 empowers children to live longer, thriving lives and to unlock the transformative power of generational wealth by instigating a cultural shift. Through innovative programs and advocacy, we strive to reshape mindsets, championing a future where every child has the opportunity to thrive and prosper.
Their website is: https://breakthecycle757.org/
Other Volunteer Listings
Volunteerpeninsula.org
Volunteerhr.org
Networkpeninsula.org/volunteer-net/
Volunteermatch.org
Reckless Driving Amended to Speeding
Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
__________________________________
If you were charged with Reckless Driving by Speed at 72 mph in a 35 mph zone, would you prefer an amendment to Speeding or a conviction with a weekend of jail? Today in court I represented the first driver. When you go to court, it is like a job interview in the sense that you only get one chance to make a first impression.
My client, charged with reckless driving, 72 in 35, helped me prepare for court by completing the driver improvement course and arranging for the necessary witness. At court, I spoke with the law enforcement officer and reviewed the situation with him. When we presented our case, I was able to inform the court that my client stopped immediately for the officer and was cooperative throughout the encounter. Additionally, I pointed out that the officer did not object to the amendment of the charge. I then helped my client explain his side and what he learned from being charged and completing a driver improvement course. Finally, we presented my client’s clear driving history and the testimony of a witness who spoke on his behalf.
The judge amended the charge from the criminal misdemeanor of Reckless Driving to the traffic infraction of Speeding. He noted that he considered the officer’s input, the testimony of the character witness, and my client’s driving history, driver improvement course and acknowledgement of responsibility.
On the other hand, I observed a driver who was charged with Reckless Driving by Speed at 70 mph in a 35 mph zone. That driver was found guilty and sentenced to two days of jail. Despite the lower speed he received a more severe result. What was the difference? The other driver did not prepare effectively for his day in court. He did not present that the officer was willing for the charge to be amended, nor did he present a driver improvement course or any other mitigating factors.
Sometimes the judges decide that the speed is too high and they do not amend despite all of our preparations. However, by planning in advance we can obtain the best result based on the facts and circumstances.
HOT TOPICS... Attorney Mark Matney - Holcomb Law, PC, serving Newport News and throughout the Virginia Peninsula, provides this section of informative in a blog format to help you with your case. For more information, please review the topics pages of our site or call for a free consultation. You may select your topic of interest by clicking on the bar with the article title. We are a traffic court defense attorneys dealing in DUI, Speeding Tickets, Failure to Yield, DWI, Reckless Driving, etc.
Two ASAP Non-Compliance Cases
Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
__________________________________
This week judges in two different cities dismissed ASAP show cause violations against my clients. Both cases involved someone who triggered an ignition interlock violation soon after the machine was installed. They completed six months with no new interlock problems before their court dates and remained in full compliance with respect to classes and payments. It is important when dealing with an ASAP violation of any type to be straightforward with the ASAP case manager, to avoid any new issues, and to maintain strict compliance after the incident.
Defending against a charge of brandishing a firearm requires carefully evaluating the language of the Virginia Code and comparing it to the facts and circumstances of the case. The brandishing code section applies whenever someone points or handles a firearm in a manner that reasonably induces “fear in the mind of another.” There is a exception for self-defense. In our case, my client was charged with brandishing a firearm by the police officer who arrived and saw him pointing a gun at his friend. At the trial, the friend was not called as a witness. After cross-examining the police officer and questioning two neutral witnesses, it became clear that the person who the gun was pointed toward had been asked to leave the property twice and that one of the witnesses had actually escorted him from the property. It was also evident that he supposed victim had continued to advance toward my client despite being told to stop and to leave the property. The officer and the witnesses did not provide any statements that indicated that the gun had actually “induce[d] fear in the mind of another of being shot or injured.” In fact, the continued advancing toward the weapon showed that he was not afraid. Other factors that the judge considered were the intoxication of the supposed victim and that my client was the one who had called the police. Brandishing is not to be taken lightly, but this charge can be successfully defended by analyzing the facts and challenging whether the officer or prosecutor has proven the elements set forth in the Virginia Code.
Virginia Code § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
Call Attorney Mark Matney at
(757) 703-4556
Posted by Mark Matney
Attorney Mark Matney - Holcomb Law, PC Newport News VA
www.matneylawpllc.com
I recently obtained expungements for four clients with prior charges of trespassing, public intoxication, and petit larceny. Sometimes people ask why they should seek expungement when the charge was dismissed. When your criminal history is searched, everything you have ever been charged with appears in the record. It does not matter whether you were found guilty or not guilty - the fact of being charged will continue to appear. This means that you could have to explain the dismissed charge to a potential employer. An expungement removes dismissed charges from your criminal record and avoids the awkwardness of having to explain these charges to employers or others who are interested in your record.
Many employers believe that where there is smoke, there is fire. If they have to choose between a potential employee with a clear criminal history and someone who was charged with a misdemeanor, then they select the person whose record is clear.
To qualify for an expungement, the charge must have been dismissed. The dismissal can be accomplished by not guilty, nolle prosequi or other dismissal. However, dismissals after a first offender program or a finding that the evidence was sufficient are not eligible.
