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

Volunteer Opportunities

  • Community Service - Volunteer Opportunities

Volunteer Opportunities

Matney Law PLLC 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 Bingo
Wednesday nights 5pm - 10pm

Call Tammy Rodriguez at 757-932-8440.

EBCLC – Pastor Curtis Harris, Williamsburg, VA

Pastor Harris is involved with numerous volunteer opportunities, including food distribution.

Call 757-350-9333.

THRIVE Peninsula, Newport News VA

Call 757-877-6211 x2 or mary@thrivepeninsula.org

Cleaning the outreach center
Duties: Vacuuming, wiping counters, dusting, taking out trash, etc.
Time: 2 hours on Tuesdays anytime between 2pm - 5pm

Shoe packing for the Shoe Mission
Duties: Sort donated shoes into pairs and tie together. Put tied shoes into bags of 25.
Time: Flexible, as needed, during normal office hours (10am - 5pm)

Front Desk Help
Duties: Answer phones, transfer calls, greet visitors, receive donations
Time: During normal office hours (10am - 5pm), as needed

Food Pantry Assistance
Duties: Receive donations, sort food, distribute food
Time: During normal office hours (10am - 5pm), as needed

Dreams of Hope Foundation, Newport News, VA

Call Betty Dent, Volunteer Coordinator, at 757-806-6339. Hours available are 8am - 2pm Tuesdays, Wednesdays, and Thursdays.

Provides families with assistance with clothing and transportation. Also, operates a re-entry program for convicted felons.

Williamsburg House of Mercy, Williamsburg, VA

Call Ellen at 757-229-3700 or ellen@williamsburghouseofmercy.org

www.williamsburghouseofmercy.org

Provides homeless shelter and soup kitchen. Volunteers are especially needed for their food pantry. (Must be age 18.)

 

Other Volunteer Listings
Volunteerpeninsula.org
Volunteerhr.org
Networkpeninsula.org/volunteer-net/
Volunteermatch.org

Matney Law PLLC - DUI & Traffic Court Defense Attorney - Newport News, York County, Hampton

HOT TOPICS

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Blog Posts

HOT TOPICS... Matney Law PLLC, 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 Dismissed This Week

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

Mark Matney

DUI & Traffic Court Lawyer

Two ASAP Non-Compliance Cases Dismissed This Week

Two ASAP Non-Compliance Cases
Posted by Mark Matney of Matney Law PLLC Newport News, VA
www.matneylawpllc.com
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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.

Dismissal of Brandishing a Firearm

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

Mark Matney

DUI & Traffic Court Lawyer

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Dismissal of Brandishing a Firearm

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.

Not Guilty of DWI / DUI, 2nd Offense

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

Mark Matney

DUI - DWI Lawyer

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757-784-3507

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Not Guilty of DWI / DUI, 2nd Offense

Posted by Mark Matney
Matney Law PLLC Newport News VA
www.matneylawpllc.com


This month I helped a client charged with DWI 2nd offense and Refusal 2nd offense. To achieve a not guilty decision, we had to show that the evidence was not sufficient for the judge to find my client guilty beyond a reasonable doubt. In this case, my client made good decisions during his contact with the police that helped me win his trial.

The police approached my client due to an accident. He cooperated with the police, but refused to participate in any field sobriety tests and declined a handheld preliminary breath test (PBT). A driver is not required to complete these tests. He also refused to submit to the formal breath test on the Intoxilyzer EC/IR II at the police station. Refusing a breath test results in an additional charge of Refusal. However, it also avoids a presumption of being under the influence. Additionally, the lack of a blood alcohol level and field tests meant that the officer was limited to testifying about my client’s appearance. When combined with a detailed timeline of my client’s activities and a description of his medical issues, the judge concluded that there was a lack of evidence that my client was under the influence at the time of the driving.

The dismissal of the 2nd offense DWI avoided 20 days mandatory minimum jail, three years license suspension, $500 minimum fine and completion of ASAP. Although refusing the breath test helped him avoid the DWI conviction, it did result in a refusal conviction that he appealed.

 

Not Guilty of Speeding, 43 in 30

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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 Matney Law at
757-784-3507

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Matney Law - DUI Lawyers - Traffic Court Attorneys - Williamsburg, Newport News, Hampton, YorktownReckless Driving by Speed, 43 in 30

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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This morning my client’s speeding case was dismissed! The officer was operating stationary Lidar (laser) in a 35 mph zone just past the point where the speed limit changed from 35 mph to 30 mph.

When I asked the officer for the certification for his lidar equipment, I found that he did not have a certificate that covered the date when my client was stopped. The Virginia Code provides that “no calibration or testing of such device shall be valid for longer than six months” (Sec. 46.2-882). The officer’s certificate must be dated during the six months preceding the date of the stop. It cannot be dated after the stop or more than six months before the stop.

A Promise & A Testimony

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

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A Promise & A Testimony

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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A Promise & A Testimony

A promise: “Come near to God and He will come near to you.” James 4:8.

My testimony: I am a Christian who just happens to be practicing law. I hope my story will be an encouragement to you in this challenging and extraordinary time.

My journey of faith began in my childhood. As a child, I attended our neighborhood’s church where I participated in the choir and learned about the Bible through the Sunday School program. My father was not a Christian, but church was important to my mother.
By the time I reached high school, I knew a lot about church, the Bible and Jesus, but it was in a sheltered environment of our local church and neighborhood.

When I entered high school, I experienced several significant changes that left me vulnerable. Immediately before high school, my parents separated and I relocated from the home, church, neighbors and friends I had enjoyed from the age of two until the beginning of high school.

I ended up with a group of so-called friends who were pushing me toward drinking and drugs. I had to make a decision about what I really believed. Fortunately, when I prayed and asked God to guide me, I found that, “God demonstrates His own love toward us, in that while we were sinners Christ died for us” (Romans 5:8). Even when I was not pursuing God, he was pursuing me. God led me through a time of repentance and rededication that resulted in me putting my full faith in Jesus and accepting that he loves me and forgave me.

The result of entering into a relationship with Jesus is that I found the peace and purpose that I was missing as I floundered through high school. I now have hope and a secure future. I know that God has a plan and a purpose for my life and that I will live forever with Jesus in heaven after my physical body dies.

I would be glad to discuss my faith with you. Just contact me. I also share this simple statement of what the Bible teaches:

God’s plan—peace and life. God loves you and wants you to experience the peace and life He offers. The Bible says, “For God so loved the world that He gave His only begotten Son, that whoever believes in Him should not perish but have everlasting
life” (John 3:16, NKJV). He has a plan for you.

Our problem—separation from God. By nature, we are all separated from God. The Bible says, “For all have sinned and fall short of the glory of God” (Romans 3:23, NKJV). He is holy, but we are human and don’t measure up to His perfect standard. We are sinful, and “the wages of sin is death” (Romans 6:23, NKJV).

God’s remedy—the cross. God’s love bridges the separation between you and Him. When Jesus died on the cross and rose from the grave, He paid the penalty for our sins. The Bible says, “‘He himself bore our sins’ in his body on the cross, so that we might die to sins and live for righteousness; ‘by his wounds you have been healed’” (1 Peter 2:24, NIV).

Our response—receive Jesus. You cross the bridge into God’s family when you accept Christ’s free gift of salvation. The Bible says, “But to all who did receive him, who believed in his name, he gave the right to become children of God” (John 1:12).

To receive Jesus, a person needs to do four things:
• Admit that you are a sinner and you need the Savior.
• Be willing to turn from your sins and ask God to forgive you.
• Believe that Jesus died for you on the cross and rose from the grave.
• Invite Jesus to come in and control your life through the Holy Spirit. Romans 10:13 says, “Everyone who calls on the name of the Lord will be saved.”

Here’s a prayer you can pray to receive Jesus:
Dear God, I know that I am a sinner and separated from You. I want to turn from my sins and enter into relationship with You. Forgive me for my sins. I believe that Jesus is Your Son. I believe He died for my sins and that You raised Him from death to life. I want Jesus to come into my heart and I give Him control of my life. I want to trust Jesus as my Savior and follow Him as my Lord from this day forward. In Jesus’ Name, Amen.

Thanksgiving Preparations

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

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Thanksgiving Preparations

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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Matney Law PLLC of Newport News, Virginia focus on traffic cases on the Peninsula from Hampton and Newport News to New Kent. During the week before Thanksgiving we were busy helping clients with the following matters:

Speeding 64/45 in York County – amended to defective equipment
Reckless Driving 79/55 in Charles City County – amended to speeding
Reckless Driving in Work Zone in New Kent – amended to speeding
Improper Passing in Williamsburg – dismissed
Speeding 38/25 in Williamsburg – dismissed
DUI with 5 other charges in New Kent – 3 misdemeanors and a traffic infraction dismissed + drug charge reduced + minimum sentence for the DUI
Restricted License petition in Newport News – granted
Fail to Obey Traffic Signal with Accident in Newport News – dismissed
2nd DUI in Hampton – Minimum sentence for DUI, first offender program with ultimate dismissal for drug charge, 3 misdemeanors dismissed: Refusal 2nd, Driving with suspended license, Failure to appear.
There were also two accident cases in Newport News that were appealed to the Circuit Court for new trials.

Reckless Driving in the Juvenile and Domestic Relations Court

DUI DWI defense attorney Abigail Hockett

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 Matney Law PLLC 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.

 

Widespread Problems with Breath Tests

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Widespread Problems With Breath Tests

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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Post by Matney Law PLLC, Newport News, Virginia...  Great article about breath testing.  Raises good issues regarding Virginia's presumption of reliability of the machines.  I participated in a breath science class led by John Fusco, who is quoted in this article.  New York times " We investigated widespread problems with breath tests for suspected drunk driving - and found that the closely guarded machines have helped convict thousands of Americans of a crime they may not have committed.  Here's what we found."

A million Americans a year are arrested for drunken driving, and most stops begin the same way: flashing blue lights in the rearview mirror, then a battery of tests that might include standing on one foot or reciting the alphabet.

What matters most, though, happens next. By the side of the road or at the police station, the drivers blow into a miniature science lab that estimates the concentration of alcohol in their blood. If the level is 0.08 or higher, they are all but certain to be convicted of a crime.

But those tests — a bedrock of the criminal justice system — are often unreliable, a New York Times investigation found. The devices, found in virtually every police station in America, generate skewed results with alarming frequency, even though they are marketed as precise to the third decimal place.

Judges in Massachusetts and New Jersey have thrown out more than 30,000 breath tests in the past 12 months alone, largely because of human errors and lax governmental oversight. Across the country, thousands of other tests also have been invalidated in recent years.

The machines are sensitive scientific instruments, and in many cases they haven’t been properly calibrated, yielding results that were at times 40 percent too high. Maintaining machines is up to police departments that sometimes have shoddy standards and lack expertise. In some cities, lab officials have used stale or home-brewed chemical solutions that warped results. In Massachusetts, officers used a machine with rats nesting inside.