Call Attorney Mark Matney at
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Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
__________________________________
In the past week, I have had two cases where the police officer was unable to show accuracy of his radar. So they were both dismissed, right? Wrong. Sometimes, even when the officer cannot prove accuracy of the equipment, the case is not dismissed.
In the first case, my client was charged with reckless driving by speed, 81/55 (26 mph over the limit). In that case the officer seemed upset when I asked him for his calibration record and then provided a certificate for a calibration that was performed after my client was stopped. To demonstrate accuracy at the time of the stop, the certificate must be dated during the six-month period before the stop. When I told the judge that I challenged the calibration certificate and explained the reason, the judge granted my motion to dismiss.
For the second case, with a different judge, my client’s summons was for reckless driving by speed, 97/65 (32 mph over the limit). This case involved a cordial trooper who shared all of his documents and discussed them with me. We found that he had certificates that were too recent and a certificate that was too old, but he did not have one for the six-month period before the date he stopped my client. The judge agreed with my challenge to the certificate, but said that he would not dismiss the case since the speed was so high. I argued that without the certificate the trooper could only establish speeding and not reckless driving by speed since he could not show that my client was driving more than 20 mph over the limit or over 85 mph (the two grounds for reckless by speed). The judge told me I could appeal and ruled reckless driving. The sentence was more lenient and did not include the jail time he was giving to drivers with similar speeds, but it was not the result I wanted after successfully challenging the radar.
Although I believe that the second judge was incorrect in finding my client guilty of reckless driving, he was right about her right to appeal. She now has a second opportunity to avoid the criminal misdemeanor.
This is a listing of the 2021 Case Results handled by Holcomb Law, PC Our attorneys 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 2021 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.
• Hampton GDC - Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 69/60 with $54.00 fine, plus court costs.
• Chesapeake GDC – Charge: Reckless Driving by Speed, 107/60 (47 mph). Result: Guilty, $252.00 fine, 4 days jail (one weekend to serve after good time credit). Appealed to Circuit Court.
• Chesapeake GDC - 3 Charges: (1) Improper Use of Dealer Plates (misdemeanor). Result: Dismissed Improper Use of Dealer Plates! (2) Operating Unlicensed Motor Vehicle. Result: Dismissed! (3) Reckless Driving by Speed, 88/60. Guilty with $168.00 fine. Appealed to Circuit Court.
• Williamsburg GDC - Charge: Speeding, 40/25. Result: Amended to Defective Speedometer, with $90.00 fine plus costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 51/25. Result: Amended to Defective Equipment with $100.00 fine, plus court costs.
• NEWPORT NEWS Circuit Court - Charge: Speeding, 40/25. Result: Amended to Defective Equipment, with $250.00 fine and court costs.
• Williamsburg Circuit Court - Charge: Reckless Driving by Speed, 81/45 (36 mph). Result: Guilty of Reckless Driving by speed with $500.00 fine, plus court costs, 30 days restricted license, no jail.
• Newport News GDC - Charge: Reckless Driving by Speed, 94/65. Result: Judge continued for client to perform more volunteering. Judge will consider amendment to Speeding below 20 mph.
• Newport News GDC – Charge: Marijuana Possession. Result: Civil violation with $25.00 fine plus court costs.
• Newport News GDC - Charge: Reckless Driving with Accident. Result: Dismissed Reckless Driving with payment of costs of $91.00.
• Newport News GDC - Charge: Driving Without a License (class 2 misdemeanor). Result: Amended to No License in Possession, a traffic infraction, with $10.00 fine plus court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 90/65. Result: Amended to Speeding, 20+ mph, with $250.00 fine plus court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 77/35. Result: Amended to Improper Driving with $250.00 fine, plus costs.
• Newport News GDC - Charge: Speed, 43/25. Result: Dismissed Speeding!
• Hampton GDC - Charge: Reckless Handling of Firearm. Result: Guilty. Sentencing: 90 days jail - all suspended; 2 years good behavior; forfeit the handgun; $101.00 court costs (no fine); complete a gun safety course within 12 months.
• Newport News GDC - Charge: Reckless Driving by Speed, 87/65. Result: Amended to Speeding, 87/65, with fine of $250.00 and court costs.
• Newport News GDC - Charge: Improper Lane Change (Accident). Result: Dismissed Improper Lane Change with accident!
• Newport News GDC - Charge: DUI / DWI, 1st, with elevated 0.18 BAC. Result: Guilty of DUI / DWI as charged and sentenced to: $250.00 fine; 180 day jail - 175 suspended - weekends permitted; 12 months suspended/restricted license; 6 months ignition interlock. Filed Appeal to Circuit Court.
• Newport News GDC - Charge: Following Too closely, Accident. Result: Dismissed Following Too Closely with accident, No fine, $76.00 court costs.
• Newport News GDC - Charge: Improper Stop on Highway. Result: Dismissed Improper Stop on Highway!
• Newport News GDC - Charge: Driving with Suspended License (class 1 misdemeanor). Result: Amended to Driving Without License (class 2 misdemeanor). Appealed to Circuit Court to pursue amendment to traffic infraction.
• Newport News Circuit Court - 2 Charges: (1) Review of Marijuana 1st Offender Program; (2) Failure to Appear. Result: Dismissed Marijuana Possession and dismissed Failure to Appear!
• Newport News GDC - Charge: Reckless Driving by Speed, 58/35, (23 mph). Result: Amended to Speeding, 49/35 (14 mph), fine of $80.00, plus costs. Appealed to Circuit Court.
• Newport News GDC - Charge: Reckless Driving by Speed, 68/45 (23 mph over). Result: Dismissed Reckless Driving with court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 69/45 (24 mph over). Result: Dismissed Reckless Driving with court costs.
• Newport News GDC - Charge: Speeding, 54/35 (19 mph over). Result: Amended to Defective Equipment, with $70.00 fine, plus costs.
• Newport News GDC - 2 Charges: (1) Reckless Driving by Speed, 86/65 (21 mph over). Result: Amended too Speeding, 74/65 (9mph over), $250.00 fine, plus costs. (2) Not Wearing Seatbelt. Result: Dismissed!
• Newport News GDC - 2 Charges: (1) Speeding, 54/35 (19 Mph over). Result: Amended to Defective Speedometer, with $250.00 fine plus court costs. (2) Driving Without License (Class 2 Misdemeanor). Result: Amended to No License in Possession (traffic infraction), with $10.00 fine and court costs.
• York GDC – Charge: DUI / DWI, 1st offense, 0.08 BAC. Result: Amended from DUI / DWI to Reckless Driving, General. Sentence: $500.00 fine with $250.00 suspended; 90 days jail - all suspended; ASAP; 2 years good behavior; 6 months restricted license, no ignition interlock required.
• York GDC - Charge: Speeding, 54/40 (14 mph over). Result: Amended to Defective Speedometer, with $84.00 fine, plus court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 66/45. Result: Amended to Speeding, 20 mph over, with $250.00 fine, plus court costs.
• Newport News GDC - Charge: Speeding, 50/35. Result: Dismissed Speeding!
• Newport News GDC - Charge: Reckless Driving General. Result: Dismissed Reckless Driving!
• Hampton Circuit Court - Charge: DUI / DWI, 1st, 0.16 elevated BAC. Result: Amended to DUI / DWI, 1st, standard BAC. Sentence: (1) Complete ASAP; (2) $500.00 fine with $250.00 suspended, plus court costs; (3) 30 days jail with 10 days suspended; (4) 2 years good behavior; (5) 12 months suspended license - eligible for restricted license.
• Newport News GDC - Charge: Following Too Closely - Accident. Result: Amended to Defective Brakes.
• Isle of Wight GDC - 3 Charges: Speeding, 71/55. Result: Dismissed Speeding! (2) Failure to Obey Highway Lane Markings. Result: Dismissed Failure to Obey Highway Lane Markings! (3) DUI / DWI, 1st Offense, 0.19 elevated BAC. Sentence: (1) Complete ASAP - equivalent program in home state; (2) $250.00 fine; (3) 12 months suspension of privilege to drive in VA; (4) 24 months good behavior; (5) 30 days jail - 25 days suspended, with electronic monitoring.
• Newport News GDC - Charge: Failure to Obtain Registration. Result: Dismissed Failure to Obtain Registration!
• Isle of Wight GDC - Charge: Reckless Driving by Speed, 64/35 (29 mph over). Result: Amended to Speeding, 54/35 (19 mph over), $180.00 fine, plus court costs.
• Chesapeake GDC – 3 Charges: (1) Destruction of Property; (2) Elude Police; (3) Reckless Driving 125 mph in 60 mph zone. Dismissed the Felony Destruction of Property charge and the other charges were certified to the Circuit Court.
• Suffolk GDC - Charge: DUI / DWI, 1st, elevated BAC (0.18). Result: Amended to DUI / DWI, 1st, standard BAC, avoiding 5 days mandatory minimum jail. Complete ASAP, $250 fine, 12 months suspended / restricted license.
• York GDC - 4 Charges: (1) DUI / DWI, 1st. Result: $500.00 fine with $250.00 suspended, plus court costs of $186.00; VASAP, 12 months suspended license; all jail suspended; 2 years good behavior. (2) No Driver's License. Result: Guilty, $100.00 fine, plus court costs of $30.00; (3) Refusal. Result: Dismissed Refusal!; (4) Reckless Driving General. Result: Dismissed Reckless Driving.
• Isle of Wight - Charge: Speeding, 70/55 (15 mph over). Result: Amended to Defective Speedometer, with $90.00 fine and court costs.
• Newport News Circuit Court - 2 Charges: (1) Felony DUI / DWI, 3rd offense. Result: Sentenced to 5 years of jail with 4 years and 9 months suspended for a period of 5 years. The three remaining months are the mandatory minimum sentence. Driver’s license suspended for an indefinite period of time. Eligible to apply for a restricted license after three years. (2) Hit and Run. Sentenced to 6 months jail will all of the time suspended. No fine imposed for this charge. (3) For both charges the period of Good Behavior is 5 years.
• Newport News Circuit Court - Charge: Driving with Suspended License (Class 1 misdemeanor). Result: Amended to: Driving Without a License (Class 2 misdemeanor), with $150.00 fine.
• Newport News Circuit Court – Charge: DUI / DWI, 1st, no BAC. Result: Complete ASAP; $250.00 fine, plus court costs; 180 days jail - all suspended; 12 months suspended license with 12 months ignition interlock; one year good behavior.
• Williamsburg GDC - Charge: Speeding, 41/25 (16 mph over). Result: Dismissed Speeding!
• Williamsburg GDC - Charge: Fail to Update Operator's License. Result: Dismissed Fail to Update Operator’s License!
• Suffolk GDC - Charge: Reckless Driving General, SP 89/60. Result: Amended to Improper Driving, $100.00 fine with $50.00 suspended, plus court costs.
• Newport News GDC - Charge: Driving Without a License - Class One Misdemeanor. Result: Amended to Driving Without Driver's License in Possession (traffic infraction) with $10 fine.
• York GDC - 2 Charges: Reckless Driving by Speed, 105/65 (40 mph over). Result: Guilty of Reckless Driving, $400.00 fine, plus court costs; 6 months suspended/restricted license; 30 days jail with 26 days suspended. 2 years good behavior. (2) Failure to Appear. Result: Guilty with $50.00 fine, plus court costs
• Newport News GDC - Charge: Speeding, 53/25 (28 mph over). Result: Dismissed Speeding!
• Northampton GDC - 2 Charges: (1) Reckless Driving by Speed, 75/55. Result: Amended to Improper Driving, with fine of $120.00, plus court costs. (2) Improperly Mounted Plates. Result: Dismissed Improperly Mounted Plates.
• New Kent GDC - Charge: Speeding, 64/45 (19 mph over). Result: Amended to Defective Equipment with $75.00 fine, plus costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 63/35 (30 mph over). Result: Amended to Speeding, 44/35 (9 mph over).
• Newport News GDC - Charge: Reckless Driving by Speed, 69/45 (24 mph over). Result: Amended to Speeding, 54/45 (9 mph over). $250 fine plus court costs.
• York Circuit Court - Charge: Reckless Driving by Speed, 70/45. Result: Amended to Improper Driving, with $250.00 fine plus costs.
• Williamsburg GDC - 3 Charges: (1) DUI / DWI, 1st (elevated BAC 0.21); Result: $500.00 fine, 12 months jail - 10 months suspended (one month to serve after good time credit), 12 months suspended license/restricted License, ASAP; (2) Reckless Driving Failure to Obey Highway Lane Markings. Result: Dismissed by Nolle Pros; (3) Reckless Driving Fail to Maintain Control. Result: Dismissed by Nolle.
• Williamsburg. Circuit Court - Charge: Felony Hit and Run / Fail to Stop at Accident. Result: Amended to misdemeanor with fine and court costs of $292.00; 12 months jail with 11 months 20 days suspended (5 days to serve after good time credit).
• Surry GDC - Charge: Speed, 58/45 (13 mph over). Result: Amended to Defective Equipment with $78.00 fine, plus court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 80/45. Result: Amended to Speeding, 54/45, with $250.00 fine, plus court costs.
• New Kent GDC - Charge: Reckless Driving by Speed, 91/70. Result: Amended to Speeding with $100.00 fine, plus court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 90/65. Results: Amended to Speeding with $250.00 fine, plus court costs of $91.00.
• York GDC - Charge: Reckless Driving by Speed, 58/35 (23 mph over). Result: $300.00 fine plus costs, and 30 days suspended license. Severe result due to lack of cooperation with the police.
• Gloucester GDC - 3 Charges: (1) DUI / DWI, 1st, no BAC, with minor in the vehicle. Result: 90 days jail - 85 days jail suspended; $1,000 fine with $250.00 suspended; complete ASAP; 3 years good behavior; 12 months suspended license with restricted license - 12 months with ignition interlock and no other requirements. (2) Refusal, 1st. Result: Dismissed. (3) Speeding, 56/45. Result: Dismissed.
• Newport News GDC - Charge: Following Too Closely (accident). Result: Dismissed Following Too Closely!
• Norfolk GDC - 2 Charges: (1) DUI / DWI 1st, 0.14 BAC; (2) Improperly stopped on Highway. Result: Dismissed DUI / DWI! Dismissed Improperly Stopped on Highway!
• New Kent Circuit Court - Petition for Restoration of Driving Privilege. Result: Petition Granted. The judge entered Orders Restoring Driving Privileges and Removing Ignition Interlock Requirement.
• Newport News GDC - Charge: Speeding, 84/65. Result: Amended to Defective Speedometer, with $200 fine plus court costs.
• Newport News GDC - Charge: DUI / DWI, 2nd within 5 years. Trial on not guilty plea with legal argument challenging the prior DUI / DUI order. Judge denied amendment to 1st Offense but amended to 2nd in 5-10 years. Sentence: $1,000 fine; complete ASAP; 180 days of jail - 160 days suspended to serve on weekends; 3 years suspended license - eligible for restricted license after 4 months. (The amendment of the charge avoided 10 days of jail and reduced the time before eligible for a restricted license from 12 months to 4 months).
• Newport News GDC - Charge: DUI / DWI, 1st, elevated BAC (0.21). Result: Amended to DUI / DUI, 1st, standard BAC. Sentence: $250.00 fine; 12 months suspended/restricted license; 6 months ignition interlock; complete ASAP; 180 days jail - all suspended. The amendment of the charge avoided ten days mandatory minimum jail.
• Newport News GDC - Charge: DUI / DWI, 1st, elevated BAC (0.15). Not Guilty Plea with argument over BAC. Defense called the Breath Test Operator as witness and argued for standard BAC. Judge denied the challenge to the BAC. Result: Complete ASAP; $250.00 fine; 12 months Suspended License - did not apply for Restricted License; 180 days jail - 175 days suspended - 5 days to serve on weekends.
• Newport News Circuit Court - Petition for Restoration of Driving Privilege after Declared Habitual Offender. Result: The Judge granted full Restoration of Driving Privileges without any requirements of a restricted license or review period. This ended client's status as an habitual offender and qualified him to proceed to DMV to reinstate his driver's license.
• Isle of Wight - 2 Charges: (1) Following Too Closely. Result: Dismissed Following Too Closely! (2) Fail to have Vehicle Inspected. Result: Fine of $25.00, plus court costs.
• Chesapeake Circuit Court - Charge: Reckless Driving by Speed, 88/60. Result: Amended to Speeding, 79/60, with $114.00 fine, plus costs.
• Newport News GDC - 2 Charges: (1) Assault and Battery; (2) Destruction of Property. Result: Dismissed Assault and Dismissed Destruction of Property!
• Newport News GDC - Charge: Felony - Obtain Money by False Pretenses. Result: Dismissed Felony Obtain Money by False Pretenses with payment of restitution.
• Williamsburg GDC - Charge: Reckless General. Result: Amended to Improper Driving, with $200.00, plus costs.
• Norfolk GDC - Charge: Damage to Property. Result: Dismissed Damage to Property!
• Caroline County GDC - Charge: Fail to Obey Highway Sign. Result: Dismissed Fail to Obey Highway Sign!
• Newport News GDC - Charge: Reckless Driving by Speed, 94/65. Result: Dismissed Reckless Driving!
• Newport News GDC - 2 Charges: (1) DUI / DWI, 1st. Result: DUI / DWI amended to Reckless Driving General; $250.00 fine; ASAP, 6 months suspended license; 180 days jail with 178 days suspended. This result avoided the DUI / DUI, the ignition interlock requirement, and 6 additional months of a restricted license. (2) Improper Lane Change: Result: Dismissed by Nolle Pros.
• Hampton GDC – 3 Charges: (1) DUI / DWI, 2nd in 5 years. Result: Guilty, Complete ASAP; 3 years license suspension, eligible for restricted license after 12 months, $500.00 fine and $50.00 to Trauma Fund; 6 months jail with all but 20 days suspended, leaving 20 mandatory days. (2) and (3) Dismissed Refusal, 2nd and Dismissed Reckless Driving.
• Williamsburg Circuit Court - Charge: Reckless Driving by Speed, 55/25. Result: Amended to Speeding, 44/25, with $250.00 fine and costs.
• Williamsburg Circuit Court - Charge: DUI / DWI, 1st. Result: $250.00 fine, 12 months jail with 6 months suspended (3 months to serve); ASAP; 12 months suspended license. Severe sentence due to accident, elevated BAC and client’s criminal record.
• Newport News GDC – 2 Charges: DUI / DWI. Result: Sentence: $250.00 fine, ASAP, 12 months suspended/restricted license; 6 months ignition interlock; 180 days jail with 175 days suspended, 1 year good behavior. (2) Improper Lane Change. Result: Dismissed.
• King William Circuit Court - Charge: Reckless Driving by Speed, 70/35. Result: $450.00 fine; 90 days suspended / restricted license; no jail sentence.
• Newport News Circuit Court - Charge: Reckless Driving by Speed, 52/25. Result: Amended to Fail to Obey Highway Sign, with $30.00 fine and costs.
• Williamsburg / James City County GDC - Charge: ASAP Show Cause. Result: Dismissed ASAP Show Cause!
• King & Queen GDC - 4 Charges: (1) Speeding, 48/35. Result: Amended to Improper Equipment, with $100.00 fine, plus court costs; (2) Expired Registration. Result: Dismissed with court costs; (3) Expired State Inspection. Result: Dismissed with court costs; (4) Failure to Display License Plate. Result: Dismissed!
• York GDC - Charge: Fail to Yield Right of Way - Accident. Result: Dismissed Fail to Yield Right of Way!
• Williamsburg GDC - 2 Charges: (1) Driving with Suspended License (Class 1 Misdemeanor). Result: Amended to Driving Without License (Class 2 Misdemeanor). This result avoided 90 days license suspension. Pay $10.00 fine and costs of $101.00. (2) Fail to Obey Highway Markings (Accident). Result: Dismissed!
• Norfolk GDC - Charge: Reckless Driving by Speed, 95/55 (40 mph over). Result: Guilty of Reckless Driving, with $240.00 fine, 90 days jail with 80 days suspended leaving 5 days to serve after good time behavior applied, 12 months good behavior.
• Isle of Wight GDC - Charge: Reckless Driving by Speed, 75/55. Result: Dismissed Reckless Driving!
• Williamsburg GDC - Charge: Reckless Driving by Speed, 51/25 (26 mph over). Result: Amended to Speeding, 44/25, with $100.00 fine and costs.
• Chesapeake GDC - Charge: Reckless Driving by Speed, 100/55 (45 mph over). Result: Fine of $270.00, plus court costs. No jail or license suspension.
• Chesapeake GDC - Charge: Reckless Driving by Speed, 82/60 (22 mph over). Result: Amended to Speeding, 79/60, with fine of $114.00 and costs.
• Newport News Circuit Court - Charge: Fail to Obey Lane Markings. Result: Guilty of the original charge. Judge declined to amend due to client's -6 DMV transcript.
• Newport News Circuit Court - Charge: Fail to Obey Highway Sign. Result: Amended to Defective Equipment, with fine of $30.00 and court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 95/65 (30 mph over). Result: Amended to Improper Driving with $250.00 fine, plus court costs.
• Newport News Circuit Court - 2 Charges: (1) DUI / DWI, 2nd in 5 years. Result: Jail: 365 days with 335 suspended, so 25 days to serve less credit for time served. Permitted to serve jail on weekends; $500.00 fine plus $50.00 Trauma Fund; ASAP; 3 years suspended license. (2) Driving Without Ignition Interlock. Result: 180 days jail, all time suspended, $250.00 fine, plus court costs.
• Gloucester GDC - Charge: Reckless Driving by Speed, 69/45. Result: Amended to Defective Equipment with $150.00 fine, plus costs.
• Charge: Speeding, 81/65. Result: Amended to Defective Equipment, with $50.00 fine, plus costs.
• York GDC - 2 Charges: (1) Speeding, 81/65. Result: Amended to Defective Equipment, with $250.00 fine, plus court costs of $66.00. (2) Expired Registration. Result: Dismissed, with cou2rt costs of $15.00.
• Williamsburg GDC - 2 Charges: (1) Speeding, 38/25. Result: Dismissed by Nolle Pros. (2) Driving Outside of Restrictions. Result: Amended to Driving with Suspended License. This amendment avoided 12 months mandatory license suspension.
• Williamsburg Circuit Court - Charge: Speeding, 43/25, (18 mph over). Result: Amended to Defective Speedometer with $250.00 fine, plus court costs.
• Williamsburg GDC - Charge: Reckless Driving by Speeding, 48/25. Result: Amended to Speeding, 48/25, with $250.00 fine, plus court costs.
• Williamsburg GDC - Charge: Reckless Driving by Speed, 70/45. Result: Guilty with $500.00 fine, plus court costs. Appealed to Circuit Court.
• Williamsburg GDC - Charge: Reckless Driving by Speed, 65/35. Result: Amended to Improper Driving, with fine of $500.00, plus court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 65/35 (30 mph over). Result: Amended to Improper Driving, with $50.00 fine and court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 70/45 (25 mph over). Result: Amended to Improper Driving, with $50.00 fine and courts costs.
• 2 Charges: (1) DUI / DWI, 1st, 0.16 BAC. Result: DUI / DWI Dismissed! (2) Failure to Appear. Result: Dismissed Failure to Appear!
• Newport News GDC - Charge: Reckless Driving by Speed, 93/45. Result: Amended to Defective Speedometer, with $250.00 fine and court costs.
• Newport News GDC – 2 Charges: (1) DUI / DWI 2nd in 5 years, 0.13 BAC. Result: Sentence: ASAP; $500.00 fine plus costs; 365 days jail with 345 days suspended - 20 mandatory days to serve. 3 years license suspension; eligible for restricted license after 1 year; 3 years good behavior. (2) Fail to Obey Highway Sign. Result: Dismissed.
• Newport News GDC – 4 Charges: (1) DUI / DWI, 1st. Result: DUI Sentence: ASAP, $250.00 fine, plus court costs; 180 days jail - all suspended; 12 months suspended/restricted license; one year good behavior; 12 months ignition interlock requirement with no other restrictions. (2) Refusal. Result: Dismissed. (3) Fail to Maintain Control. Result: Dismissed. (4) Obstruction of Justice. Result: Sentence: 180 days jail - all jail suspended.
• York GDC - 2 Charges: (1) Reckless Driving by Speed, 96/55. Result: Guilty. Sentence: $500.00 fine, 30 days jail - 10 suspended, 6 months license suspension - restricted after 30 days; 2 years good behavior. (2) Reckless Driving by Passing on Crest or Curve. Result: ( Guilty) Sentence: $300.00 fine, 30 days jail - 10 suspended, 6 months suspended/restricted license; 2 years good behavior. Appealed both charges to Circuit Court.
• Hampton GDC - Charge: Reckless Driving by Speed, 101/65. Result: Guilty of Reckless Driving. Sentence: Weekend jail, suspension of license for 30 days. Client appealed to Circuit Court.
• Newport News GDC - Charge: Reckless by Speed, 69/45. Results: Amended to Speeding, 69/45, $144.00 fine, plus court costs.
• USDC Newport News - Charge: Reckless Driving by Speed, 43/20. Result: Amended to Speeding, 39/20, with $125.00 fine, plus $5.00 special assessment.
• Hampton General District Court - Charge: Operating Vehicle While Holding Cell Phone. Results: Guilty. Appealed to Circuit Court.
• Newport News GDC - 4 Charges: DUI / DWI, 1st, 0.15 BAC. Result: DUI Sentence: $250.00 fine; ASAP, 180 days jail with 175 suspended - 5 days mandatory, 12 months suspended/restricted license; 6 months ignition interlock. Result: All three remaining charges Dismissed: Concealed Weapon While Intoxicated, Speeding, 60/45, and Fail to Obey Highway Lane Markings. Firearm returned to client.
• Newport News GDC - 3 Charges: (1) DUI / DWI, 1st, 0.13 BAC. Sentence: ASAP; $250.00 fine, plus court costs; 12 months suspended/restricted license, with ignition interlock as the only restriction; 180 days jail - all suspended; 12 months good behavior. (2) Open Container. (3) Fail to Obey Highway Markings. Both these charges dismissed by Nolle Pros.
• Newport News GDC Newport News GDC - 2 Charges: (1) DUI / DWI, 1st, 0.20 BAC. Sentence: $250.00 fine, ASAP (temporary indigency for ASAP fee); 12 months suspended/restricted license; 6 months ignition interlock; 180 days jail - 175 suspended (5 days mandatory to serve on weekends). (2) Reckless Driving - Fail to Maintain Control. Result: Dismissed.
• Newport News GDC - Charge: Speeding, 47/35 in Enhanced Penalty Zone. Result: Amended to Defective Speedometer, $250.00 fine, plus court costs.
• Newport News GDC - Charge: Possession of Marijuana with Intent to Distribute. (Class 1 Misdemeanor). Result: Amended to Simple Possession of Marijuana (Civil Penalty), with $25.00 court costs.
• Hampton GDC- Charge: Reckless Driving by Driving Too Fast for Highway and Traffic Conditions. Result: Not Guilty of Reckless Driving.
• Isle of Wight GDC - Charge: Reckless Driving by Speed, 88/35 (53 mph over limit). Result: Guilty of Reckless Driving. Sentence: $500.00 fine with $250.00 suspended; 12 months good behavior; 5 days jail - 4 days suspended leaving one overnight to serve. No license Suspension.
• Isle of Wight GDC - 2 Charges: Reckless Driving by Speed, 70/45 (25 mph over). Result: Not Guilty of Reckless Driving by Speed. (2) Driving Without a License. Sentence: $50.00 fine, plus $99.00 costs.
• Henrico General District Court – Charge: Speeding, 75/60 (15 mph). Result: Amended to Speeding, 69/60 (9 mph over), with $100.00 fine, plus court costs.
• New Kent GDC - Charge: Reckless Driving by Speed, 76/55. Result: Amended to Speeding, 65/55, with fine of $125.00, plus court costs.
• New Kent County GDC - 2 Charges: (1) Reckless Driving by Speed, 76/55. Result: Amended to Speeding 64/55, with $125.00 fine, plus court costs. (2) No Driver's License (class 2 misdemeanor). Result: Amended to Fail to Carry License (traffic infraction) with fine of $10.00, plus court costs of $71.00.
• Hampton GDC - 3 Charges: (1) Expired Registration. Result: Dismissed with $15.00 court costs. (2) No Driver's License in Possession. Result: Dismissed with $66.00 court costs. (3) Reckless Driving - Racing. Result: Guilty, $200.00 fine, no jail or license suspension. Appealed Racing charge to Circuit Court.
• Hampton GDC - Charge: Improper Lane Change. Result: Dismissed Improper Lane Change!
• Newport News Circuit Court - Charge: Driving with Suspended License (class 1 misdemeanor). Result: Amended to Fail to Carry License (traffic infraction) with fine of $10.00, plus court costs of $161.00.
• Newport News Circuit Court - Charge: Driving With Suspended License. Result: Dismissed Driving With Suspended License!
• Newport News Circuit Court - Charge: Speeding 62/45. Result: Amended to Speeding, 54/45 (9 mph over).
• Newport News Circuit Court - 2 Charges (1) Reckless Driving – Fail to maintain control. Result: Amended to Improper Driving with fine of $250.00 and court costs. (2) Speeding, 70/55. Result: Fine of $80.00 and court costs.
• York GDC - 4 Charges: (1) DUI / DWI, 2nd in 5 years. Result: Amended to 1st Offense; $500.00 fine, $250.00 suspended; ASAP, 2 years good behavior, 90 days jail - all suspended, 12 months suspended/restricted license. (2) Suspended License (class 1 Misdemeanor). Result: Amended to class 2 Misdemeanor, which avoided 90 days license suspension), $50.00 fine. (3) Result: The two remaining charges were dismissed: Impeding Traffic and Refusal, 2nd offense.
• Newport News GDC - Charge: Speeding, 45/25 (20 mph over). Result: Amended to Defective Speedometer, with $30.00 fine and court costs.
• Newport News GDC - 2 Charges: (1) Reckless Driving by Speed, 112/65 (47 mph over). Result: Dismissed Reckless Driving! (22) Failure to Appear. Result: Dismissed Failure to Appear!
• Newport News GDC - Charge: Fail to Stop Entering Highway. Result: Dismissed Fail to Stop Entering Highway with payment of court costs.
• Newport News GDC - 2 Charges: (1) DUI / DWI, 1st, 0.22 BAC. Result: Amended to reduce the BAC to 0.20 BAC. This result reduced the mandatory jail from 10 days to 5 days; $250.00 fine; ASAP, 12 months suspended/restricted license; 6 months ignition interlock; 180 days jail with 175 days suspended; 5 days mandatory jail to serve weekends. (2) Fail to Obey Highway Lane Markings. Result: Dismissed by Nolle Pros.
• New Kent GDC - Charge: Reckless Driving by Speed, 89/70. Result: Amended to Speeding, 79/70, with $125.00 fine plus court costs.
• Newport News Circuit Court - Charge: DUI / DWI, 1st, 0.18 BAC. Result: Sentencing: $250.00 fine; ASAP; 12 months suspended/restricted license; 6 months ignition interlock, 180 days jail - 175 days suspended; 5 days mandatory – weekends.
• Newport News GDC - 2 Charges: (1) Reckless Driving General - Accident. Amended to Improper Driving with $75.00 fine plus court costs. (2) Open Container. Result: Dismissed Open Container!
• Newport News Circuit Court - Charge: Driving with Suspended License (Class 1 Misdemeanor) Result: Amended to Driving Without License in Possession, with $10.00 fine plus costs.
• Newport News Circuit Court - Charge: Reckless Driving by Speed, 94/65. Result: Dismissed Reckless Driving!
• Hampton GDC. Charge: Speeding, 76/60. Result: Amended to Speeding, 69/60, with fine of $54.00, plus court costs.
• Newport News GDC - Charge: Reckless Driving by Speed, 104/60 (44 mph). Result: $250 fine; 30 days jail with 20 days suspended, leaving 5 days to serve after good time credit.
• Newport News JDR - Charge: Fail to Obey Highway Sign. Result: Dismissed Fail to Obey Highway Sign!
• Williamsburg GDC - 4 Charges: DUI / DWI 2nd in 5 years, Open Container (misdemeanor), Driving Uninsured Vehicle (misdemeanor), Following Too Closely (traffic infraction). Result: Three charges dismissed by nolle pros: Open Container, Driving Uninsured Vehicle, Following Too Closely. DUI / DWI Charge amended from 2nd offense to 1st offense. Sentence: Complete ASAP, $500 fine, 12 months suspended driver's license (eligible to apply for a restricted license), 180 days jail with 145 days suspended, 2 years good behavior.
• York GDC - 2 Charges: (1) Driving Without a License. Result: Dismissed Driving Without a License! (2) Reckless Driving by Speed, 86/65. Result: Amended to Speeding, 84/65, with $150.00 fine, plus costs.
• York GDC - Charge: Reckless Driving by Speed, 92/65. Result: Amended to Speeding, 84/65, with fine of $250.00, plus court costs.
• Newport News GDC - 3 Charges: Two ASAP Violations - Tampering with Ignition Interlock. Result: Dismissed both ASAP Violations! (3) Failure to Appear. Result: Dismissed Failure to Appear!
• Newport News GDC - Result: Amended to Speeding, 84/65, with $250.00 fine, plus costs.
• Newport News GDC - Charge: DUI / DWI, 1st, 0.15 elevated BAC. Result: $250.00 fine; complete ASAP; 180 days jail - 175 days suspended, leaving only 5 days mandatory to serve on weekends; 12 months suspended/restricted license with 6 months ignition interlock required.
• Newport News GDC - Charge: Reckless Driving with Accident. Result: Dismissed Reckless Driving!
• Newport News Circuit Court - Case: License Restoration Petition. Result: Case continued for client to complete DMV requirements and 6 months ignition interlock. Renewed his Restricted License.
• Chesapeake GDC - 3 Charges: (1) Suspended License, 3rd offense, (2) Fictitious License Plates, (3) Improper Turn. Result: Dismissed Suspended License 3rd offense, Dismissed Fictitious License Plates, Dismissed Improper Turn!
• Norfolk GDC - 2 Charges: (1) Improper Use of Tags. Result: Dismissed Improper Use of Tags! (2) Failure to Secure Registration. Result: Guilty with $25.00, plus $69.00 costs.
• Henrico GDC - Charge: Reckless Driving by Speed, 82/55. Result: Amended to Speeding (15-19 over).
• Newport News GDC - 2 Charges: (1) DUI / DWI, 1st, 0.10 BAC. Sentence: Complete ASAP; 180 days jail - all suspended; $250.00 fine, plus court costs; 12 months suspended license; ignition interlock requirement for 12 months with no other restrictions. (2) Reckless Driving with Accident. Result: Dismissed Reckless Driving!
• Newport News GDC - 3 Charges: (1) DUI / DWI, 1st, (2) Reckless Driving General, (3) No Registration. Result: DUI / DWI, 1st Dismissed and No Registration Dismissed! Result: Reckless Driving sentence: $250.00 fine and costs; 6 months suspended/restricted license - without ignition interlock; 180 days jail - all suspended (no active jail time).
• Newport News GDC - 3 Charges: (1) DUI / DWI, 2nd in 10 years. Result: DUI Sentence: Complete ASAP; $500.00 fine, plus court costs; 3 years suspended license. Eligible for Restricted License after 4 months; 10 days mandatory jail - all other jail suspended. Result: Dismissed Driving Without License and Driving without Headlights!
• Williamsburg Circuit Court - Charge: Reckless Driving by Speed, 70/45. Result: Amended to Improper Driving with $300.00 fine and costs.
• New Kent Circuit Court - Charge: Reckless Driving by Speed, 95/70 (25 mph over). Result: Guilty of Reckless Driving by Speed, with $500.00 fine, plus court costs. No jail or license suspension.
The Lawyers at Holcomb Law PC defend people against driving related charges, including DUI, DWI, reckless driving, speeding, driving with a suspended license, driving without a license, running a red light or stop sign, hit-and-run accidents, and passing a stopped school bus. Our attorneys serve the Virginia Peninsula and the surrounding areas, including Newport News, Hampton, York County, Williamsburg, James City County, Gloucester, New Kent, Surry, Isle of Wight, Norfolk, Chesapeake, Portsmouth, and Suffolk.
Call Attorney Mark Matney at (757) 703-4556 for a Free, No-Obligation Consultation!
A Coach and an AdvocateTo defend you traffic violation case, I will act as your coach in preparation for your court date. I will advise you of the steps the local judges want to see in order to consider dismissing or amending your charge. I will also make sure you are ready for any questions that may be asked at your hearing. I will be your advocate in the court hearing. I will speak with the officer or trooper and examine records. I will also have the opportunity to cross-examine the officer or trooper and to present your side of the case. My goal is to ensure that you have the best possible result based on the circumstances of your case.
Contact a qualified traffic violations lawyer today!Holcomb Law, PC is experienced representing clients in Virginia traffic courts. Contact my Newport News office online or at 844-304-0169 to speak to seasoned legal counsel about your traffic ticket. I stand prepared to do all I can to minimize the negative repercussions of a traffic violation.
I regularly represent clients charged with traffic violations, including:
Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.
We defend people charged with
* Speeding
* Reckless Driving!
CALL (757) 703-4556
Attorney Mark Matney - Holcomb Law, PC of Newport News Virginia attorney's defends people in traffic court charged with reckless driving & speeding. The lawyers at Holcomb Law PC know you do not have to live with a criminal record or a misdemeanor conviction. Call Mark Matney and the attorneys at the Holcomb Law, PC at (757) 703-4556 for your free, No-obligation consultation for a review of the traffic charge filed against you! We serve Williamsburg, Gloucester, Yorktown, Newport News, Hampton, James City County, and the Hampton Roads area of Virginia.
Reckless Driving & Speeding violations can be complex to deal with in Virginia. Holcomb Law, PC knows you might be pulled over for speeding and expect to receive a simple ticket, only to discover that you are actually facing a misdemeanor charge for reckless driving that will appear on your criminal record.
You do not have to live with a criminal record or explaining a misdemeanor conviction to employers. Attorney Mark Matney can help you fight the charge so that you can move on with your life. Mr. Matney will coach you as he prepares your case for court and he will advocate for you on your trial date. Our team will help you understand your legal options and rights. We will answer all of your questions and address all of your concerns so that you are prepared for your day in court. You will be involved and informed throughout the process.
What should I do to prepare for my case?
Obtain a copy of your driving transcript from the Department of Motor Vehicles.
If your DMV record shows a negative point balance, then compete a DMV approved driving course.
Have your speedometer calibrated if speed is an element of your case.
Obtain the full names and addresses of any witnesses who are involved in your case.
Obtain copies of any medical records related to your case.
What is the maximum sentence if the court finds me guilty of reckless driving?
Reckless driving is a class one misdemeanor and carries a maximum sentence of twelve months in jail and/or a fine of $2,500.00. (Virginia Code, section 18.2-11). The judge may also suspend your driver’s license.
Do I face any active jail time for reckless driving?
In the Hampton Roads area, the primary reasons for active jail time in reckless driving cases are: speeding above 89 miles per hour, bad prior driving record, lack of cooperation with the police, and accident cases.
How long will a reckless driving conviction stay on my record?
As a misdemeanor, a reckless driving conviction will remain on your Virginia criminal record permanently. However, reckless driving will be removed from your DMV record after eleven years.
How many demerit points will the DMV assign me for a reckless driving charge?
DMV assigns six demerit points for any reckless driving charge.
What is the general rule for reckless driving?
The Virginia Code provides that, “[i]rrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.” (Virginia Code, section 46.2-852).
Can a reckless driving charge be reduced or amended to a less serious charge?
Lawyers typically try to have reckless driving charges reduced to improper driving. The judge has discretion to amend the charge to improper driving when the poor driving behavior is less severe. The advantages of improper driving include that it is a traffic infraction instead of a misdemeanor, it carries fewer DMV demerit points, and the maximum fine is $500.00.
For reckless driving due to speeding, it is sometimes possible to reduce the charge to the traffic offense of speeding. This usually requires a good driving record and a speed that is close to the threshold for reckless driving.
The Lawyers at Attorney Mark Matney - Holcomb Law, PC in Newport News Virginia defend people against traffic violations. Attorney Mark Matney defends people in traffic court against reckless driving, speeding, expired registration, expired license, running a red light or stop sign, failure to wear a seat belt, DUI, DWI, driving without a license or with a suspended license, leaving the scene of an accident, hit-and-run accidents, passing a stopped school bus. Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry County, Toano.
Call (757) 703-4556 or Click Here to email Attorney Mark Matney
for a Free, No-Obligation Consultation!
While many view traffic violations as minor infractions and nuisances, traffic tickets and moving violations have the power to wreak havoc on your life. Fees quickly mount, and points from tickets can cause your insurance premiums to skyrocket or result in a revoked or suspended license. Attorney Mark Matney - Holcomb Law, PC does not underestimate the seriousness of traffic violations and doggedly works on your behalf to get the charges you face reduced or dismissed.They can result in fines, court costs and points being placed against your driving record. Accumulating enough points within a two-year period subjects a person to additional sanctions by the Motor Vehicle Administration, including driving school, an official warning letter, a point system conference, suspension or even revocation or driving privileges. And imagine how high your car insurance will be.
1. Reckless Driving
2. Speeding
3. Expired Registration
4. Expired License
5. Running a Red Light or Stop Sign
6. Failure to Signal When Changing Lanes
7. Failure to Wear A Seat Belt
8. Driving Under the Influence (DUI)
9. Driving Without a License or With A Suspended License
10. Leaving the Scene of An Accident
11. Violating License Restrictions
12. Hit and Run Accident
13. Passing a Stopped School Bus
14. Failure To Yield
15. Unsafe Lane Change
16. Following Too Closely
The Effects of Traffic ViolationsWhile many view traffic violations as minor infractions and nuisances, traffic tickets and moving violations have the power to wreak havoc on your life. Fees quickly mount, and points from tickets can cause your insurance premiums to skyrocket or result in a revoked or suspended license. Attorney Mark Matney - Holcomb Law, PC does not underestimate the seriousness of traffic violations and doggedly works on your behalf to get the charges you face reduced or dismissed.
Misdemeanor in VirginiaIn Virginia, some driving violations are dealt with as traffic infractions while others are actually misdemeanor crimes. Mr. Matney has helped many clients avoid misdemeanor convictions and achieve amendments and reductions of their charges. Some of the driving charges that are classified as misdemeanors include DUI/DWI, Reckless Driving, Driving with a Suspended / Revoked License, and Open Container.
Traffic ViolationsEven if this is your first traffic violation, you could be facing severe consequences from the court, DMV, and your insurer. Whether your are charged with Reckless Driving or a traffic infraction, you can benefit from having legal representation. Attorney Mark Matney office is located in Newport News Virginia, but represents clients throughout Hampton Roads.
Failure to YieldUnsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.
Amendment to Lesser ChargeThe amendment of your charge will generally avoid or lessen the impact of the many penalties that can accompany traffic violations, including:
Jail and license suspension for misdemeanors
Fines
DMV demerit points
Increased insurance costs
