What if the officer doesn't have the
calibration certificate for the radar or lidar?

Posted by Mark Matney
Attorney Mark Matney - Holcomb Law, PC Newport News VA

www.matneylawpllc.com

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The law enforcement officer must provide a certificate of accuracy that is dated within six months preceding the date the motorist was stopped. Otherwise, the speeding or reckless driving by speed may be dismissed. The officer is not required to show the certificate to the judge unless the motorist or his lawyer requests it.

I regularly review the law enforcement officer’s calibration certificates as part of representing my clients. The officers are professional and usually have their documents, but in the past two weeks two clients have benefitted from dismissals when officers did not having the necessary certificates. In one case, speeding 38/25 in Newport News, the officer did not have his lidar certificate. In the other case, speeding 45/30 in Hampton, the officer’s radar certificate was outdated.

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

Mark Matney

DUI - DWI Lawyer

Call Attorney Mark Matney at
(757) 703-4556

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

Abigail Hockett

Associate Attorney at Matney Law PLLC

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Reckless Driving in the Juvenile and Domestic Relations Court

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

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

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

 

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 - 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

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

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DMV Demerit Points

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Can you avoid DMV Demerit Points? Today in Hampton I helped two clients charged with speeding achieve amendments to defective equipment.  Both avoided 4 DMV demerit points.  [May 1, 2018, Mark Matney].

Click Here to Contact Attorney Mark Matney
Call (757) 703-4556

Handling a wide array of traffic violation cases

Attorney Mark Matney of Newport News Virginia 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.

Driver Improvement Courses

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

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

La Escuelita DIP – Escuela de Manejo en Virginia
Spanish Speaking Driver Improvement Course
703-928-6852
Providing the driver improvement course in Spanish in Richmond, Virginia Beach and Northern Virginia
La Escuelita DIP somos una escuela certificada por el DMV, con instructores altamente certificados para enseñarte los diferentes cursos, convirtiéndose los estudiantes en conductores mejorados y más seguros
laescuelitadip.com

RADEP Providers (Reckless and Aggressive Driver Education Program)

This program requires both the standard 8 hour driver improvement course and a separate 4 or 6 hour RADEP course.  Some RADEP providers require you to take both classes with them, but others allow you to take any 8 hour class and then complete their RADEP class.  Contact the provider before you begin a class.

  1. A&AAA Be Better Drivers, 804-748-2851, https://www.bebetterdrivers.com.
  2. All Wise Driving School, Richmond, Tel. 804-218-7350, https://www.allwise-drivingschool.com
  3. AcciDon’t Driver Training Solutions LLC, Damon Hogan, Tel 757-235-4994, [email protected], website: https://www.varadep.com.  The primary location is 138 S. Rosemont Road, 2nd floor suite #203, Virginia Beach, VA 23452.  They also offer classes at other locations in Hampton Roads.
  4. Road Rage and Aggressive Driving Course https://angerclass.com
    Take any provider’s standard 8-hour driver improvement course and then complete the 4-hour aggressive driving course here.
  5. American Safety Institute Online Aggressive Driving Course https://americansafetyinstitute.com
    Complete the entire 12 hour program, the basic and aggressive driving sections, with one provider.
    This is a good option if you do not need positive points for DMV (i.e. you are already +4 or +5).
    However, if you need the 5 points from a driver improvement course, check with the provider first.
    I have not been able to confirm that this course provides points for Virginia drivers.
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

Charged with a DUI call Attorney Mark Matney - Holcomb Law, PC (757) 703-4556

Referral Attorneys

Referral Attorneys Information. Holcomb Law, PC, assists clients with DUI / DWI, reckless driving, speeding and other serious traffic charges in Newport News, Hampton, York County, Williamsburg, Gloucester, New Kent, Isle of Wight, Surry, Charles City, Norfolk and the neighboring cities and counties.

For other legal matters or locations, please contact:

Bob Keefer, Esquire
Keefer Law Firm, PLC
540-433-6906
[email protected]
578 East Market Street #102
Harrisonburg, VA 22801
Harrisonburg / Woodstock

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

Chris Woodfin, Woodfin Law
757-808-5236
[email protected]
Traffic charges from Williamsburg to the Richmond area.
Estate planning.

Jeremy Forrest, Esq.
Forrest Law Center
Tel. 757-273-0700
[email protected]
https://www.forrest.law/

1313 Jamestown Road, Suite 202
Williamsburg, VA 23185

Business Law, Real Estate Settlement Services, Estate planning and administration.

Kevin Wilson, Esquire
The Wilson Law Firm
703-361-6100

https://www.tkevinwilsonlawyer.com/
9300 Grant Avenue, Suite 301
Manassas, VA 20110

Melissa Howell, Esquire
Howell Law Group, PLLC
757-630-4030
[email protected]
4669 South Blvd., Suite 107
Virginia Beach, VA 23452
Howell Law Group, PLLC – Hampton Roads Employment Law (howellhrlaw.com
Employment Law

Paul McGlone, Esquire
McGlone Law Firm, P.C.
703-273-2750
https://www.mcglonelaw.com/home
4085 Chain Bridge Road, Suite 400
Fairfax, VA 22030
Northern Virginia

Reed N. Noble, Esquire
The Reed Noble Law Firm PLLC
910-302-7862

[email protected]
5114 Yadkin Road, Suite 100

Fayetteville, NC 28303
North Carolina

Travis N. Wheeler, Esquire
Law Office of Travis N. Wheeler, PLLC

919-989-8990
P O Box 1598
Smithfield, NC 27577-1598

Lawyer referral and review service:
www.avvo.com