Lawyer Mark Matney of Holcomb Law, PC - Newport News Virginia - DUI and Traffic Court Lawyer

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Guilty of Reckless Driving

Reckless Driving
Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com


Mark, why are you writing about someone who was found guilty of reckless driving? To warn you not to make matters worse when you see police lights!

My client was charged with reckless driving by speed at a speed where judges will often amend the charge from reckless driving to speeding. However, instead of stopping immediately for the state trooper, my client just kept driving. The trooper testified that he activated his lights for ¾ mile but my client kept driving, that he then activated his siren, but my client kept driving, that she stopped for a red light, but took off again when the light turned green, and that she then continued driving despite lights and sirens. Finally, my client stopped suddenly in the left lane. The trooper graciously refrained from charging my client with evading / eluding police or from arresting her at the scene and instead issued her a summons for Reckless Driving by speed. However, the judge was not impressed when my client had no explanation for the failure to respond to the trooper’s emergency equipment and refused to amend the charge from reckless driving.

If you see police lights, then you are required to yield. Move promptly to the right lane or shoulder to permit the police to pass you. If you realize the police lights are for you, then pull off of the road as soon as possible. You may proceed to a safe place to pull over if there is no shoulder or no light, but do it quickly and do not pass reasonable places to pull over.

Lawyer Mark Matney of Holcomb Law, PC - Newport News Virginia - DUI and Traffic Court Lawyer

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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.

Got a Speeding Ticket call Mark Matney at Holcomb Law PC

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You were going how fast?
Reckless Driving & Speeding Charge
Posted by Mark Matney of Holcomb Law, PC 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.

DUI Attorney Mark Matney - Attorney Mark Matney - Holcomb Law, PC - Newport News - Williamsburg

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Leniency for Suspended License Cases
Revoked or Suspended License Defense Attorney
Posted by Mark Matney of Holcomb Law, PC 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.

Lawyer Mark Matney of Holcomb Law, PC - 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 Holcomb Law, PC 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.  Attorney Mark Matney - Holcomb Law, PC 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.

Attorney Mark Matney - Holcomb Law, PC - DUI Attorney - Newport News VA

DUI Attorney Mark Matney - Attorney Mark Matney - Holcomb Law, PC - 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.

Attorney Mark Matney - Holcomb Law, PC - DUI Attorney - Newport News VA

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Did you win?

Posted by Mark Matney of Holcomb Law, PC 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?  Attorney Mark Matney - Holcomb Law, PC 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

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

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Not Guilty, Your Honor!

Posted by Mark Matney of Holcomb Law, PC 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). Attorney Mark Matney - Holcomb Law, PC 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.

Attorney Mark Matney - Holcomb Law, PC - 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.

Attorney Mark Matney - Holcomb Law, PC - Traffic Court Attorney - Newport News Virginia
  • How Are DMV Demerit Points Calculated?

DMV Demerit Points

Ever wondered about how driving demerit points are calculated?  Mark Matney of Holcomb Law, PC explains everything in his video about how Demerit Points are calculated.  See below personal examples of three speeding tickets in one year and the importance of fighting each one in order to minimize DMV demerit points.

1) Speeding up to 9 mph over the limit is a 3 point violation, 10-19 mph over the limit is a 4 point violation, and speeding 20 mph and over is a 6 point violation.

2) DMV assigns the same number of demerit points to a speeding ticket of 20 mph or more over the speed limit as it does to reckless driving.

3) If the court amends a reckless driving by speed charge to a speeding ticket but does not lower the speed, then the DMV will still apply the same number of demerit points as reckless driving.

Questions on DUI, Speeding, Reckless driving, or driving while suspended please call Attorney Mark Matney at (757) 703-4556

DUI Attorney Mark Matney - Attorney Mark Matney - Holcomb Law, PC - Newport News - Williamsburg

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 and Substance Abuse Treatment

The Lawyers at Holcomb Law PC – counseling and substance abuse treatment information. Attorney Mark Matney 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.

Clients of Holcomb Law, PC have received counseling and substance abuse treatment from the following programs. We welcome your input on these programs and your suggestions for providers of similar services.

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

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

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

Iron Bridge Recovery Center
67-1 Court Yard Rd., Chester, VA 23881
888-709-4441
https://ironbridgerecovery.com