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.

September 25, 2019

Where’s the beef?

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Where's The Beef... Do you remember the Wendy’s commercial with the three ladies sliding around in the back seat of car as the searched for the beef in the competitors’ hamburgers? Sometimes I face the situation of “Where’s the officer?” Often people ask me if their case will be dismissed if the police officer does not show up for court. The answer is … maybe! It depends on the reason the officer is not present, the type of case, and the judge. Attorney Mark Matney - Holcomb Law, PC is a law firm located in Newport News Virginia, that specializes in DUI and Traffic Court defense. Check out or Avvo Reviews...

If The Charge Has Been Less Serious

This morning a state trooper was not present for court and the judge announced that the trooper was working at an accident scene and would not be able to arrive within a reasonable period of time. Since the trooper had contacted the court with an explanation for his absence, the judge continued his cases. My client today is facing a very serious reckless driving charge that could result in jail time and license suspension, so he was glad to have the court date continued to a new day. However, if the charge had been less serious, such as a speeding ticket or a low speed reckless driving case, the judge may have been willing to permit us to proceed in the absence of the trooper.

In two other recent cases, however, the charges against my clients were dismissed when the police officer did not appear for court. These cases involved a trooper who did not appear and did not notify the court of an excused absence, such as training or illness. Both clients avoided Reckless Driving by Speed. At other times, it is a witness who is missing. A client’s accident case (unsafe lane change) was dismissed last week when the officer’s witness did not arrive. Sometimes judges will give the police a continuance in this circumstance. However, I spoke with the officer and showed him my client’s driver improvement course certificate and other court preparations and the officer agreed to the case being dismissed instead of moved to a new date.

September 25, 2019

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.

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.

June 14, 2018

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.

April 29, 2018

DMV Demerit Points

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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The Virginia Department of Motor Vehicles (DMV) uses a point system to monitor Virginia drivers. The DMV assigns demerit points for driving convictions and rewards safe driving and driver improvement courses with positive points.

A new Virginia driver begins with 0 points. This applies to both first time drivers and drivers who transfer from another state. Drivers earn one point for each calendar year without any traffic infractions or license suspensions. Completing a driver improvement course accelerates the process by providing 5 positive points. Points may only be earned through the course once every two years. The maximum a driver may earn is 5 points.

Courts do not assign demerit points directly. Instead, the DMV assigns demerit points based on the nature of the court conviction. Demerit points are deducted for every moving violation. Each infraction is assigned a point value of -3, -4, or -6, depending on the severity of the offense. Speeding 20+ mph over the limit and all misdemeanors (i.e. reckless driving, DUI, driving with a suspended license) are assigned 6 demerit points. Examples of 4 demerit point violations are speeding (10-19 mph over limit), passing when unsafe, and failure to yield right of way. 3 demerit point violations include speeding (1-9 mph over limit), improper U-turn, and failure to obey a highway sign. If a driver is convicted of more than one violation in the same incident, then DMV will only assign points for the most severe charge.

There is no limit to how many negative points a driver could accumulate. However, DMV will place a driver on probation if he accumulates 12 or more points in a 12-month period or 18 or more points in a 24-month period. An additional demerit point violation while on probation results in suspension of the driver’s license without a restricted license.
For more information about DMV demerit points or traffic infractions, you may refer to www.dmv.virginia.gov or contact Mark Matney at MatneyLawPLLC.com

Traffic Violations

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.

So You Got A Ticket

Traffic tickets are serious business.

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.

Handling a wide array of traffic violation cases

I regularly represent clients charged with traffic violations, including:

April 19, 2018

Today in Newport News

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Today in Newport News... Attorney Mark Matney helped four clients accomplish their goals in Newport News courts. The first client was charged with driving on a suspended license, 2nd offense. He needed more time to reinstate his license before his final hearing and the judge granted him a continuance.

Two of the clients were charged with reckless driving by speed with speeds over 80 mph. Both of these clients received amendments to traffic infractions and avoided misdemeanor convictions.

The fourth client received the greatest benefit when his three charges related to an accident were dismissed. It does not happen often, but this client’s dismissals were the result of a law enforcement officer who was not present due to taking another job.

These results were fun, but the day also included another highlight. A stranger paid for my lunch at the hotdog stand across from the courthouse when the vendor had trouble running my credit card.

April 16, 2018

DUI Not Guilty and DUI Dismissed

During the past month, I achieved dismissals for two of my DUI clients. During this time I also helped other clients by negotiating the amendment of a DUI to reckless driving, the dismissal of other charges, the avoidance or reduction of jail, and other positive sentencing outcomes.

The dismissal by nolle pros was exciting for my client, but it was not extraordinary. By showing up ready for trial, I was able to take advantage of a difficulty with the prosecution’s evidence. This resulted in the prosecutor asking the judge to dismiss the case with the hope that he can possibly obtain the necessary evidence in the future.

The not guilty decision was exhilarating. DUI trials are hard fought, with most of my clients presumed to be under the influence as soon as we walk into the courtroom. In this case, I argued a legal issue to challenge the admissibility of the breath certificate and the judge agreed to exclude the breath certificate with my client’s blood alcohol level. This decision removed the presumption that my client was under the influence and left both sides to argue about the field sobriety tests. After the officer described what he remembered happening, I asked him clarifying questions and gave him the opportunity to explain how poorly he thought my client performed on the tests. The problem for the prosecution was that I then played the officer’s video of my client’s field sobriety tests and the judge was able to see that my client did not make the errors that the officer described. With the breath certificate excluded and the video demonstrating that my client did well on the field tests, the judge disregarded the officer’s testimony and found my client not guilty of driving under the influence (DUI).

Attorney Mark Matney - Holcomb Law, PC of Newport News Virginia defends people in traffic court against DUI and DWI charges

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Attorney Mark Matney - Holcomb Law, PC - Your DUI and Traffic Court Defense Team

WHEN STOPPED BY THE POLICE... It is hard to know where to turn for help. I will discuss your case with you, review the videos and reports, and guide you through each step of your case so you can have peace of mind about getting the best possible result.

Request a Free, No-Obligation Consulation

Call Mark Matney now at (757) 703-4556

January 18, 2018

Local Counsel for Federal Civil Cases

Mr. Matney has served as local counsel for Federal Civil Cases is an allied attorney with Alliance Defending Freedom, a network of Christian lawyers. In this role he has helped out of state law firms with their representation of Virginia clients in cases involving election law, religious freedom, and free speech.

Civil Cases

Herb Lux v. Virginia State Board of Elections, USDC – Richmond, 3:10-cv-482, 2010 to 2012

Local counsel for The Bopp Law Firm. Challenged Virginia election law on behalf of Tea Party candidate for congress. The Virginia Code was amended as a result of this case.

2. Christian Rights Ministries v. City of Chesapeake, USDC – Norfolk, 2:08-cv-154

Local counsel for Alliance Defending Freedom. A ministry was asked to remove their cross from their booth at the end of a parade. The City defended by claiming that there was a safety issue. The case settled.

3. U.S. v. William Danielczyk, USDC – Alexandria, 1:11-cr-85 (JCC)

Local counsel for The Bopp Law Firm. Assisted with filing amicus curiae brief on behalf of The James Madison Center for Free Speech re: campaign contributions by corporations as free speech.

July 5, 2017

DWI Amended to Reckless Driving

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

Today I was glad to help a client achieve an amendment from DWI 1^st offense to Reckless Driving General. This result avoided the DWI label while also helping the client avoid the ignition interlock and reduce the period of license suspension from 12 months to 6 months.

Each case involves its own set of circumstances and facts, so I cannot guarantee a particular outcome in a specific case. In some recent DWI cases the charges associated with the DWI case were dismissed and/or reduced without an amendment of the DWI itself. However, three other recent DWI clients in the past two weeks received amendments of their DWI charges. Two clients charged with DWI 2^nd offense had their cases reduced to DWI 1^st offense and another client received an amendment from a DWI with an elevated 0.20 blood alcohol level to the standard blood alcohol level of below 0.15.

Traffic Violations

So You Got A Ticket

Traffic tickets are serious business.

Handling a wide array of traffic violation cases

I regularly represent clients charged with traffic violations, including:

May 21, 2017

I Welcome Your Comments

You were going how fast?
Reckless Driving & Speeding Charge
Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
________________________

I Welcome Your Comments

Where’s the beef?

If The Charge Has Been Less Serious

I Welcome Your Comments

Not Guilty, Your Honor!

Involve Testimony

Importance of Going to Trial

I Welcome Your Comments

DMV Demerit Points

Handling a wide array of traffic violation cases

DMV Demerit Points

Traffic Violations

So You Got A Ticket

Handling a wide array of traffic violation cases

I Welcome Your Comments

Today in Newport News

DUI / DWI Defense Attorney

Attorney Mark Matney Services

DUI Case Results

DUI Not Guilty and DUI Dismissed

Local Counsel for Federal Civil Cases

Civil Cases

DWI Amended to Reckless Driving

Traffic Violations

So You Got A Ticket

I Welcome Your Comments

Handling a wide array of traffic violation cases

Request A No Fee, No Obligation Case Evaluation

Serving The Newport News area of Virginia

I Welcome Your Comments

You were going how fast? Reckless Driving & Speeding Charge Posted by Mark Matney of Holcomb Law, PC Newport News VA www.matneylawpllc.com ________________________

I Welcome Your Comments

Where’s the beef?

If The Charge Has Been Less Serious

I Welcome Your Comments

Not Guilty, Your Honor!

Involve Testimony

Importance of Going to Trial

I Welcome Your Comments

DMV Demerit Points

Handling a wide array of traffic violation cases

DMV Demerit Points

Handling a wide array of traffic violation cases

I Welcome Your Comments

Today in Newport News

DUI / DWI Defense Attorney

Attorney Mark Matney Services

DUI Case Results

DUI Not Guilty and DUI Dismissed

Civil Cases

DWI Amended to Reckless Driving

I Welcome Your Comments

Handling a wide array of traffic violation cases

Request A No Fee, No Obligation Case Evaluation

Serving The Newport News area of Virginia

You were going how fast?
Reckless Driving & Speeding Charge
Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
________________________