2020 Case Results

This is a listing of the 2020 Case Results handled by Holcomb Law, PC.
We 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 2020 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.

January

•  Williamsburg / James City GDC - 2 Charges: (1) Trespassing.  Result:  $100 fine and court costs.  (2) Show Cause.  Result:  Dismissed.

•  Newport News GDC - 6 Charges: (1) DUI / DWI, 2nd in 5 years, 0.19 BAC.  Result:  Amended to 2nd in 10 years, $500.00 fine, ASAP, 3 years good behavior, 3 years suspended license, restricted license after 4 months, ignition interlock, 365 days jail - 345 days suspended - 20 days mandatory.  (2) Suspended License 3rd.  Result:  $200.00 fine with $100.00 suspended, 1 year good behavior, 30 days jail - with 20 days suspended, 90 days suspended license.  (3) Open Container.  Result:  $50.00 fine.  (4) Reckless Driving General.  Result:  Dismissed.  (5) Eluding Police and (6) One Open Container.  Result:  Both dismissed by nolle pros.  Amendment of DUI from 2nd in 5 years to 2nd in 10 years reduced mandatory jail by 10 days and reduced time before eligible for restricted license from 12 months to 4 months.

•  York JDR - Charge:  Reckless Driving by Speed, 86/45.  Result:  Dismissed, court costs only.

•  York Circuit Court - Charge:  Reckless Driving by Speed, 104 mph/65 mph zone.  Result:  Reduced to Improper Driving; 2 days jail; $500.00 fine plus costs.  This result avoided the criminal misdemeanor, reduced the DMV demerit points from -6 to -3, and reduced the DMV reporting period from 11 years to 3 years.

•  Newport News GDC - 4 Charges: (1) Driving Without License (Class 2 Misdemeanor).  Result:  Dismissed; (2) Fail to Obey Traffic Signal (Traffic Infraction).  Result:  Amended to Defective Equipment, $100.00 fine, plus costs; (3) Driving With Tags for another Vehicle (Infraction).  Result:  Fine of $25.00, plus court costs.; (4) Fail to Prove Insurance (Class 2 Misdemeanor).  Result:  Fine of $30.00, plus court costs.

•  3 Charges:  (1) DUI / DWI 1st, No BAC.  Result:  2 years good behavior, ASAP, 12 months suspended License, 6 months ignition interlock, $250.00 fine.  (2) Refusal.  Result:  Dismissed by Nolle Pros. (3) Speeding, 51/35.  Result: $96.00 fine, plus costs.

•  York GDC - 3 Charges: (1) Assault and Battery, Count One.  Result:  Dismissed by Nolle Pros. (2) Assault and Battery, Count Two.  Result:  Dismissed by Nolle Pros.  (3) Profane Language on Public Airways.  Result:  Dismissed by Nolle pros.  (4) Failure to Appear for Court.  Result:  Dismissed.

FEBRUARY

Newport News GDC - Charge: Reckless Driving by Speed, 47/25. Result: Dismissed!
Newport News GDC - 2 Charges: (1) DUI, 1st, elevated 0.15 BAC. Result: ASAP, $250.00 fine, 180 days jail - 175 suspended (straight jail time beginning day of court), 12 months suspended/restricted license, 6 months ignition interlock. (2) Reckless Driving General. Result: Dismissed.
Newport News GDC - 3 Charges: (1) DUI, 1st. Minimum sentence: $250.00 fine, 6 months jail - all suspended, ASAP, 12 months suspended license, eligible for restricted license. (2) Displaying Altered License Plate/Decals. Result: Dismissed by Nolle Pros. (3) Driving with Suspended License, 1st. Result: General District Court Sentence - $150.00 fine, 3 months suspended license, $250.00 fine, 6 months jail - all suspended. Appealed Suspended License charge to Circuit Court.
Hampton Circuit Court - Charge: Reckless Driving by Speed, 83/65. Result: Amended to Defective Equipment, $50.00 fine.
Newport News GDC - 2 Charges: (1) Possession of Marijuana. Client did not comply with First Offender Program requirements. Result: Guilty with $150.00 fine and court costs. (2) Fail to Comply with CCD. Result: Dismissed.
Newport News GDC - Charge: Marijuana Possession. Result: Dismissed!
York GDC - Charge: Fail to Obey Highway Markings/Accident. Result: Dismissed!
York GDC – Charge: Reckless Driving by Speed, 72/45. Result: Amended to Improper Driving with $100.00 fine, plus costs. This result avoided the misdemeanor, reduced the DMV demerit points from -6 to -3, and reduced the DMV reporting period from 11 years to 3 years.
York GDC – Three Charges: (1) Assault and Battery. 12 months jail – all suspended; and (2) Trespassing. 12 months jail – all suspended; and (3) Pretrial Violation – Dismissed.
York GDC – Two Charges: (1) Indecent Exposure. 6 months jail – 3 months suspended, Mental Health Assessment, 2 years good behavior. (2) Reckless Driving. 9 months jail – 5 months suspended.
York GDC – Three Charges: (1) Hit and Run. Sentence: $250.00 fine; no restrictions; 2 years good behavior for each charge. Remaining charges dismissed: Driving Without a License and Follow Too Closely.
Williamsburg GDC - Charges: DUI / DWI 2nd within 5-10 years and Public Intoxication. Trial on not guilty pleas. Result: Not Guilty of DUI / DWI. Guilty of Public Intoxication with $250 fine plus court costs.
Newport News GDC - 5 Charges: (1) Driving with Suspended License; (2) Displaying Plates Belonging to Another Vehicle; (3) Seatbelt Violation; (4) and (5) 2 Seat Belt Violations for children. Result: All charges dismissed.
Charge: Reckless Driving by Speed, 100/65. Result: $250.00 fine plus costs, $351.00 fine, 30 days jail - all suspended, 25 hours volunteering, 6 months restricted license. This result avoided any active jail sentence.
Three Charges: (1) DUI / DWI 2nd amended to 1st offense. Result: 365 days jail with 355 days suspended, $250.00 fine, ASAP, 3 years good behavior, 1 year suspended/restricted license, 12 months ignition interlock. (2) Open Container. Result: Dismissed by Nolle Pros. (3) Improper Stop on Highway. Result: Dismissed by Nolle Pros. The amendment from DUI 2nd to DUI 1st reduced the mandatory jail, fine and license suspension period.
Williamsburg Circuit Court - ASAP Show Cause. Result: Revoked 5 months + 15 days jail. Re-suspended 5 months of the jail (15 days not suspended - 8 to serve), reinstated into ASAP, restricted license renewed.
Williamsburg GDC - Reckless Driving - Fail to Yield to Emergency Vehicle. Result: Amended from Misdemeanor to Traffic Infraction, $100.00 fine, plus court costs.
Isle of Wight – 3 Charges: (1) DUI / DWI, 1st. Result: ASAP, $250.00 fine and costs, 90 days jail – suspended 80 days – 10 days to serve, 12 months suspended/restricted license, 6 months ignition interlock, 24 months good behavior. (2) Refusal. Result: Dismissed by Nolle Pros. (3) Reckless Driving by Speed, 118/55. Result: Dismissed by Nolle Pros.
Hampton GDC - 2 Charges: (1) DUI / DWI, 1st, 0.12 BAC. Sentence: 30 days jail - all suspended, $500.00 fine - $250.00 suspended, ASAP, License suspended for 12 months, eligible for restricted license. (2) Reckless Driving - Failure to Maintain Control. Result: Dismissed by Nolle Pros.
New Kent GDC - Charge: Failure to Obey Highway Sign. (3 demerit point violation). Result: Amended to Failure to Obey Highway Sign where driver sleeping or resting (Zero demerit point violation), with $75.00 fine plus costs.
Hampton GDC - Charge: Speeding, 70/45, 25 mph over limit. Result: Amended to Speeding, 19 mph over, $115.00 fine, plus costs. This result reduced the DMV demerit points and the impact on insurance.
Hampton GDC - Charge: Reckless Driving by Speed, 80/55. Result: Reduced to Speeding, 64/55, $114.00 fine, plus costs.
Isle of Wight GDC - Charge: Reckless Driving General. Result: Dismissed with court costs of $89.00.
Williamsburg GDC - Charge: Speeding 40/25. Result: Reduced to Defective Speedometer, no fine, court costs of $61.00.
USDC, Newport News - Charges: Speeding 36/20 and Driving without License. Result: Both charges dismissed.
York GDC - Charge: Following Too Closely/Accident. Result: Dismissed!
York GDC - Charge: Following Too Closely/Accident. Result: Amended to Defective Equipment, $50.00 fine, plus court costs of $61.00.
York GDC - Charge: Speeding 46/35. Result: Amended to Defective Equipment, $50.00 fine, plus court costs of $61.00.
Charles City GDC - Reckless Driving by Speed, 69/45. Result: Reduced to Speeding 54/45, with fine of $54.00 plus costs.
Newport News GDC - Charge: Speeding. Result: Dismissed!

MARCH

Hampton Circuit Court - Charges: (1) Reckless Driving by Speed, 94/65, amended to Speeding; and (2) Driving Without a License: Dismissed.
Hampton Circuit Court - Charges: Speeding, 81/60 and Window Tint. Speeding, 81/60 amended to 69/60 with $126 fine and (2) Dismissed Window Tint.
York Circuit Court - Charge: Reckless Driving by Speed, 70/45. Result: Amended to Improper Driving with $250.00 fine and 17 hours community service.
Newport News GDC - Charge: Speeding, 44/25. Result: Dismissed with court costs.
New Kent GDC – Three charges: (1) Reckless Driving by Speed, 89/70. Result: Amended to Speeding, 80/70, $250.00 fine, plus costs. (2) Fail to Obtain Registration. Result: Dismissed with court costs. (3) Fail to Obtain Virginia License. Result: Dismissed with court costs.
York GDC - Charge: Reckless Driving Passing School Bus. Result: Amended from Reckless Driving to Traffic Infraction with $75.00 fine.
Virginia Beach GDC - 2 Charges: (1) Driving Without License in Possession. Result: $10.00 fine plus court costs. (2) Speeding, 50/35 (15 mph). Result: Amended to Speeding, 44/35 (9 mph) with $90.00 fine, plus court costs.
Williamsburg Circuit Court - Charges: (1) DUI / DWI, 2nd offense. Sentence: Complete ASAP, $500.00 fine, $50.00 Trauma Fund and court costs; 3 years suspended license - eligible for restricted license after 4 months; 6 months jail - suspended all but 10 days mandatory. (2) Possession of Marijuana. Result: Dismissed by Nolle Pros.
York General District Court - Charge: Reckless Driving by Speed, 85/45 (40 mph). Result: Sentenced for Reckless Driving, $500.00 fine, 90 days suspended license with restricted license; No jail!
Newport News GDC - Charge: Reckless Driving - Fail to Move Over for a Stopped Emergency Vehicle. Result: Amended to Defective Equipment with $70.00 fine plus costs.
Newport News GDC - Reckless Driving by Speed. Amended to Improper Driving with $250 fine.

Newport News GDC - Charge: Speeding, 50/35. Result: Dismissed!
MARCH TO MAY: COURTS WERE CLOSED DUE TO COVID FROM THE MIDDLE OF MARCH TO THE END OF MAY.

MAY

Hampton GDC - Charge: Reckless Driving by Speed, 91/65. Result: Dismissed!
Williamsburg GDC - Charge: Reckless Driving by Speed, 67/45 (22mph). Result: Amended to Speeding, 54/45 (9 mph), with $100.00 fine plus $66.00 costs.
York GDC - Charge: Reckless Driving by Speed, 84/45. Result: Guilty of Reckless Driving, No jail, $450.00 fine, 6 months suspended/restricted license (restricted license after 30 days).
Colonial Heights GDC - 3 Charges: (1) DUI / DWI, 2nd within 5 years (0.17 BAC). Result: Guilty of 2nd with standard BAC. ASAP, $1,000 fine, 3 years suspended license (restricted license after 12 months), Ignition Interlock - 12 months; 365 days jail with time suspended except 23 days to serve. (2) Speeding, 81/55. Result: Dismissed by nolle pros. (3) Failure to Appear. Result: Dismissed. The amendment of the BAC reduced the mandatory 30 days of jail for a 2nd DWI with elevated BAC to 23 days.

JUNE

King William Circuit Court. Result: Full restoration of license upon petition for restoration after having three DUI convictions.
Surry County GDC - Charge: Reckless Driving - Failure to Maintain Control (Accident). Result: Dismissed.
Newport News Circuit Court - Three Charges: (1) DWI 4th, (2) Refusal, (3) Driving While Revoked. During trial, client changed his not guilty pleas for the Refusal and Driving While Revoked charges to guilty with hope of avoiding prosecutor’s video of his behavior at the jail. The prosecutor proceeded with the video and client was found guilty and sentenced for all three charges.
Newport News Circuit Court - Charge: Failure to Maintain Lane. Result: Dismissed upon 24 hours of community service.
York JDR – Fail to Obey Traffic Signal (Red Light). Dismissed.
Gloucester GDC - Charge: Reckless Driving by Speed, 95/60. Result: $1,000 fine, 30 days license suspension, 30 days jail - all suspended except held in court's lockup 2:30 pm to 4:00 pm.
HGDC - Charge: Speeding, 43/30. Result: Dismissed!
Newport News GDC - Charge: Speeding, 80/60. Result: Amended to Defective Equipment with $30.00 fine.
Williamsburg GDC - 4 Charges: (1) DUI / DWI, 1st; (2) Driving After Illegally Consuming Alcohol; (3) Possession of Marijuana; (4) Underage Possession of Alcohol. Results: Dismissed by Nolle Pros: (1) DUI, 1st; (3) Possession of Marijuana and (4) Underage Possession of Alcohol. (2) Guilty of Driving after Illegally Consuming Alcohol: 12 months suspended license - 50 hours community service – ASAP, with $500.00 fine.
York GDC - Charge: Reckless Driving by Speed, 83/65. Result: Amended to Speeding, 74/65 with $54.00 fine.
York GDC - Charge: Fail to Obey Highway Marking (accident). Result: Amended to Defective Equipment, with $50.00 fine.
Newport News GDC - Charges: Two Good Behavior / Show Cause Violations and Two ASAP Violations (Non-compliance with VASAP). Judge noted that it was the client’s 6th Show Cause / Violation hearing. Sentence: (1) Dismissed the two Show Cause Violations. (2) Guilty of the 2 Violations of ASAP Non-compliance. Judge revoked and re-suspended the jail so no time to serve.
York JDR – Charge: Reckless Driving by Speed, 66/45. Result: Dismissed.
York Circuit Court - 5 Charges: (1) DUI / DWI after DWI Felony; (2) Refusal, 3rd or Subsequent; (3) Driving While Suspended; (4) Open Container; (5) Marijuana Possession. Dismissed four charges: Refusal, 3rd or Subsequent; Driving While Suspended; Open Container; Marijuana Possession. Amendment: DWI after DWI Felony - Amended to DWI, 3rd within 5 years. Sentence for DWI, 3rd in 5 years: (1) 5 year’s jail with 4 1/2 years suspended - 6 months mandatory jail to serve; (2) $2,000 fine with $1,000 suspended ($100.00 per month beginning 90 days after his release from jail; (3) 10 years good behavior; (4) License revoked indefinitely; (5) Supervised probation, screening and comply with recommendations for substance abuse; (6) ASAP.
Surry GDC - 2 Charges: (1) Reckless Driving - Fail to Maintain Control (Accident). Result: Amended to Improper Driving with $75.00 fine. (2) Expired Inspection - Dismissed!
York GDC - Charge: Reckless Driving by Speed, 92/65. Result: Amended to Speeding, 79/65.
New Kent GDC - Charge: Reckless Driving by Speed, 115/70. Result: Guilty. Sentence: $1,000 fine (12 months to pay); 10 days jail - all suspended; 30 days suspended/restricted license. No active jail sentence at 45 mph over the speed limit.
Newport News GDC - Charge: Reckless Driving by Speed, 69/45. Result: Amended to Improper Driving with fine of $144.00.
Newport News GDC - Charge: Speeding, 41/65. Result: Dismissed!
York GDC - Charge: Failure to Obey Traffic Sign. Result: Amended to Defective Equipment, $50.00 fine.
Williamsburg GDC - 4 Charges: (1) DUI / DWI, 1st. Result: Minimum sentence: $250.00 fine, ASAP, 90 days jail - all suspended, 2 years good behavior, 12 months suspended/restricted license. Three additional charges dismissed by nolle pros: Refusal, Driving Without License, Fail to Obey Lane Markings.
Williamsburg/James City County GDC - 3 Charges: DUI / DWI, 1st, Fail to Have Vehicle Inspected, and Fail to Carry License. DUI: Minimum sentence: $250.00 fine, ASAP, 90 days jail - all suspended, 2 years good behavior; License = 12 months suspended/restricted. Two additional traffic charges dismissed by nolle pros.
Newport News GDC - Two Charges: (1) Reckless Driving by Speed, 97/65. Result: $500.00 fine, 10 days jail - all suspended; 32 hours community service; 6 months suspended/restricted license. (2) Failure to Appear. Result: Fine only (no jail).
Newport News GDC - Two Charges: (1) DUI / DWI, 2nd in 5 -10 years; (2) Improper Brake Lights. Both charges dismissed.

JULY

Isle of Wight GDC - Charge: Reckless Driving. Result: Dismissed!
York Circuit Court - Charge: Reckless Driving by Speed, 90/65. Sentence: $250.00 fine, no jail and no license suspension.
Two Williamsburg GDC Cases of Misdemeanor Shoplifting for co-defendants. Result: Both Dismissed!
Newport News GDC - Charge: Misdemeanor Possession of Marijuana. Result: Amended to Civil Penalty with $25.00 fine.
Williamsburg GDC - Charge: DUI / DWI, 1st, 0.07 BAC. Result: Amended to Reckless Driving General. Sentence: $250.00 fine, ASAP, 90 days jail - all suspended, 6 months Restricted License, 2 years good behavior. This result avoided the DUI, ignition interlock and 6 additional months of suspended/restricted license.
Newport News Circuit Court – DUI / DWI, 3rd in 5 - 10 years. Result: 5 years jail - suspended all but 7 months, 7 years good behavior, indefinite license suspension, ASAP, court costs of $593.00.
Hampton GDC - Charge: Reckless Driving by Speed, 99/65. Guilty with no jail or license suspension. $300.00 fine and $86.00 court costs.
Newport News GDC - 2 Charges: (1) Reckless Driving by Speed, 84/65. Result: Amended to Improper Driving with $500.00 fine and $86.00 court costs; (2) Improper Window Tint. Dismissed with only court costs of $25.00.
Newport News GDC - Charge: Reckless Driving by Speed, 51/25. Result: Amended to Defective Speedometer, $250.00 fine and court costs of $86.00.
Newport News GDC - 2 Charges: Improper U-Turn. Result: Amended to Defective Speedometer with $100.00 fine, plus $86.00 costs; (2) Fail to Display License Plates. Result: Dismissed!
Newport News Circuit Court - Charge: DUI / DWI, 1st, 0.11 BAC. Minimum sentence: Complete ASAP, $250.00 fine and court costs, 180 days jail - all suspended, 12 months suspended license, 6 months ignition interlock.
NN Circuit Court – Reckless Driving with Accident. Result: Amended to Improper Driving with $100.00 fine.
Williamsburg GDC - Three Charges: (1) DWI, 1st, 0.21 BAC. Result: $500.00 fine, 12 months jail with 6 months suspended, ASAP, 12 months Suspended License, Ignition Interlock for length of Restricted License. Judge noted 0.21 BAC, Head-On Collision, Driving on Wrong Side of Road, Drinking in the Vehicle and described the case as "A very aggravated DUI." Appealed to Circuit Court to argue sentencing and accomplished amendment of the jail sentence from 3 months to 1 month; The two remaining charges were dismissed: Reckless Driving - Failure to Maintain Control and Fail to Obey Highway Lane Markings.
Newport News GDC - Charge: Reckless Driving by Speed, 90/65. Result: Amended to Improper Driving with $200.00 fine.
Newport News GDC – Four Charges: (1) Lack of State Inspection. Result: Dismissed on Motion to Strike; (2) Reckless Driving - Fail to Maintain Control. Result: Dismissed - Lack of Evidence; (3) Driving Without Ignition Interlock. Result: $350.00 fine and costs, 180 days of jail - 174 suspended. (4) DUI / DWI drugs, 2nd in 5 years, Result: $500.00 fine and costs, 3 years suspended license, jail = 365 days with 345 suspended - 20 days mandatory, 3 years good behavior. Appealed to Circuit Court.
Newport News GDC - Charge: DUI / DWI, 1st, 0.16 BAC. Minimum sentence: $250.00 fine, ASAP, 180 days of jail - 175 suspended - 5 days mandatory, 12 months suspended / restricted license, 2 months ignition interlock
York GDC - Charge: Possession of Marijuana - Misdemeanor. Result: Amended to Civil Penalty, with $25.00 fine (no court costs).
Newport News GDC - Charge: Reckless Driving - Failure to Pull Over for Emergency Vehicle. Result: Amended to Traffic Infraction with $100.00 fine and court costs of $76.00.
Newport News GDC - Five Charges: Dismissed: (1) DUI / DWI,1st; (2) Refusal; (3) Driving While Suspended; and (4) Fail to Obey Highway Sign. The 5th charge, Reckless Driving by Speed 20+, sentenced to: $250.00 fine, ASAP, 180 days jail - all suspended, one year good behavior, no license suspension. Avoided the DUI, ignition interlock, and 12 months license suspension and restriction.
Newport News GDC - 3 Charges: (1) Speeding, 53/35. Result: Dismissed! (Officer did not have proof of accuracy of Lidar). (2) No Taxi Driver's Permit. Result: Dismissed! (3) Failure to Post Taxicab Driver's Permit. Result: $25.00 fine plus $76.00 court costs.
Newport News Circuit Court - Petition for Restoration of Driving Privileges. Judge granted Restricted License with Ignition Interlock and monitoring by ASAP and scheduled review date for full restoration.
York County Circuit Court – Three Charges: (1) Habitual Offender, Felony; (2) Resisting Arrest, Misdemeanor; (3) Elude Police, Misdemeanor. Result: Guilty of all 3 Charges. (1) Habitual Offender. 2 years jail - suspended 1 year. No fine, $635 costs. (2) Resisting Arrest = 30 days jail - all suspended. Screening and follow any recommended treatment. (3) Eluding Police = 30 days jail - all suspended. Severe result due to previous conviction of felony habitual offender and ran away from the police.
Newport News Circuit Court - Reckless Driving by Speed, 56/35. Result: Dismissed!
Newport News GDC - Charge: Reckless Driving - Accident. Result: Dismissed with court costs only.
Newport News GDC - Charge: Reckless Driving - Fail to Maintain Control - Accident. Result: Amended to Improper Control with $50.00 fine.
Newport News GDC - Charge: Reckless Driving by Speed, 52/25. Result: Amended to Speeding, 34/25 with $54.00 fine.
Newport News GDC - Charge: Reckless Driving by Speed, 86/65. Result: Dismissed with court costs!
Newport News GDC – Two Charges: (1) Driving Without Lights While Using Wipers. Result: Dismissed. (2) Possession of Marijuana, Misdemeanor. Result: Amended to Civil Penalty with $25.00 court costs.
Williamsburg GDC - Two Charges: (1) DUI / DWI, 1st, 0.17 BAC. Sentence: ASAP, $250.00 fine, plus court costs of $251.00, 90 days jail - 85 days suspended, 12 months suspended license. Appealed to Circuit Court. (2) Driving With Suspended License. Result: Dismissed by Nolle Pros.
Newport News GDC - 2 Charges: Failure to Obey Traffic Light (Red Light). Result: Amended to Defective Equipment, $100.00 fine plus $25.00 court costs. (2) Driving With Suspended License, 4th Offense. Result: Amended to Driving Without License (46.2-300), $100.00 fine. This result avoided 10 days mandatory jail and 90 days license suspension.
Surry GDC - Charge: Reckless Driving by Speed, 55/35. Result: Amended to Speeding, 54/35.
Surry GDC - 2 Charges: (1) Reckless Driving by Speed, 80/55. Result: $300.00 fine, no license suspension and no jail (No amendment due to -17 DMV Transcript). (2) Fail to Appear. Result: $50.00 fine, plus costs.
Hampton GDC - Charge: Reckless Driving - Failure to give a Signal (Accident). Result: Dismissed!
Hampton GDC - Charge: Speeding, 45/30. Result: Dismissed!
Newport News GDC - Charge: Reckless Driving on Private Property. Result: Dismissed!
Hampton GDC - Charge: Reckless Driving General - Accident. Result: Dismissed!
Harrisonburg/Rockingham GDC - Charge: Failure to Yield from Private Road. Result: Amended to Defective Equipment with $40.00 fine and costs.
Hampton Circuit Court - Petition for Restoration of Driving Privilege. Review Date for Full Restoration. Result: Judge entered an Order for Full Restoration of Driving Privileges.
Hampton Circuit Court - Charge: Felony Strangulation. Result: Amended to Misdemeanor Assault on Family Member. Sentence: 2 years good behavior, 12 months jail - all suspended (No active Jail), $750.00 Fine.

AUGUST

Newport News GDC - Charge: DUI / DWI, 1st, 0.13 BAC. Result: Minimum sentence. Complete ASAP, $250.00 fine, 6 months jail - all suspended, 12 months Suspended License, 12 months restricted License, 6 months ignition interlock and one year good behavior.
York Circuit Court - Charges: (1) 3rd Probation Violation. Result: Revoked and Re-suspended 3 years jail, associated with Felony Possession of Controlled Substance. (2) Trespassing. Revoked 60 days jail so 30 days to serve with good time credit.
Newport News GDC - 2 Marijuana possession charges. (1) Dismissed by Nolle Pros. (2) Civil Penalty with $25.00 court costs.
Hampton GDC - Charge: Reckless Driving by Speed, over 80 mph (Officer estimated over 100 mph). Result: Sentenced for Reckless Driving by Speed, with $100.00 fine and court costs of $91.00. This result avoided jail and license suspension.
Newport News GDC - 3 Charges: (1) Failure to Display License Plates. Result: Dismissed. (2) Expired Registration. Result: Dismissed. (3) Driving Under Suspended License, 1st (Class 1 Misdemeanor). Result: Amended to Driving Without A License (Class 2 Misdemeanor), with fine of $100.00 and court costs of $101.00. This result avoided 90 days of license suspension.
Isle of Wight Circuit Court. Petition for Expungement of Reckless Driving charge. Result: Judge denied the Petition. The Circuit Court judge accurately ruled that the General District Court’s notation “finding sufficient" for guilt barred expungement. We knew when we filed that this particular expungement was a long shot, but I tried to help client with no legal fee to client.
York County GDC - Charge: Reckless Driving by Speed, 72/45 (27 mph over limit). Result: Amended to Speeding, 54/45 (9 miles over), with $150.00 fine, plus court costs.
Newport News GDC - 3 Charges: (1) Displaying Tags of Another Vehicle. Result: Dismissed with Court Costs of $76.00! (2) Operating Unregistered Motor Vehicle. Result: Dismissed! (3) Fail to Have Vehicle Inspected. Result: $50.00 fine, plus $25.00 court costs.
Williamsburg Circuit Court – Petition for Restoration of Driving Privilege. This Petition was dismissed. The client in this case failed to disclose a pending out of state DUI and refused to return to the other state to resolve the matter.
Hopewell GDC - 4 Charges: (1) Failure to Appear. Result: Dismissed. (2) Expired Registration. Result: Guilty with $25.00 fine. Appealed to Circuit Court. (3) Reckless Driving by Speed. Result: Guilty with $240.00 fine. Judge noted lack of Driver Improvement Certificate. Appealed to Circuit court. (4) Suspended License, 12th Offense. Result: Guilty, $150.00 fine, 30 days suspended license, 6 months jail with 4 months suspended. Appealed to Circuit Court.
Suffolk GDC - Reckless Driving by Speed, 80/60. Result: Dismissed!
Newport News GDC - 3 Charges: (1) Public Intoxication; (2) Brandishing or Pointing a Firearm; (3) Reckless Handling of Firearm. All 3 charges dismissed at trial. Client permitted to retrieve his handgun from police department.
Newport News GDC - Charge: Reckless Driving by Speed, 63/35. Result: Amended to Speeding, 50/35, with $90.00 fine.
Newport News GDC - 2 Charges: (1) DUI / DWI, 1st, 0.19 BAC. Minimum sentence: $250.00 fine, ASAP, 180 days jail with 175 days suspended, 12 months ignition interlock requirement with no other restrictions on driving. (2) Reckless Driving - General. Result: Dismissed.
York GDC - Charge: Reckless Driving by Speed, 85/65. Result: Amended to Defective Equipment with $200.00 fine.
Northampton GDC - Charge: Reckless Driving by Speed, 71/45. Result: Amended to Improper Driving with $200.00 fine and costs.
Newport News GDC - Charge: Reckless Driving by Speed, 119/60. Result: $500.00 fine with $250.00 suspended; 12 months jail/11 months suspended = 15 days to serve after good time credit; 30 days suspended license. Appealed to Circuit Court.
Hampton GDC - 2 Charges: (1) Reckless Driving by Speed, 83/65. Result: Amended to Speeding, 74/65, $54.00 fine. (2) HOV Violation. Result: $100.00 fine. This Violation does not involve DMV demerit points.
Newport News Circuit Court - Charge: Show Cause for ASAP Non-Compliance. Result: Reinstated into ASAP with no additional requirements from the court (no fine, court costs, or jail imposed).
Newport News GDC - 2 Charges: (1) DUI / DWI, 1st, 0.14 BAC. Minimum sentence: 180 days jail - all suspended, $250.00 fine and court costs, complete ASAP, 12 months suspended license with ignition interlock as only condition - no restrictions on when/where he drives. (2) Fail to Obey Traffic Signal. Result: Dismissed!

SEPTEMBER

Newport News GDC - Charge: Reckless Driving in Parking Lot (Accident). Result: Dismissed!
Newport News GDC - 3 Charges: (1) Refusal. Result: dismissed by Nolle Pros. The dismissal avoided 12 months license suspension. (2) Driving Without Headlights. Result: Dismissed by Nolle Pros. This result avoided fine and court costs. (3) DUI / DWI, 1st Offense. Minimum sentence: Complete ASAP, 180 days jail - all suspended, $250.00 fine and court costs, 12 months suspended license. Eligible to obtain a restricted license that will have an ignition interlock requirement.
Williamsburg GDC - 5 Charges: (1) Felony Possession of Schedule I or II Drug. Result: Dismissed by nolle pros; (2) DUI / DWI, 1st Offense. Minimum sentence: (a) Complete ASAP, (b) $250.00 fine, (c) costs of $351.00; (d) 12 months jail with 9 months suspended; (e) 12 months suspended license. Active jail was a condition of dismissal of the drug charge. (3) Refusal. Result: Dismissed by nolle pros; (4) Driving with Suspended License, 3rd Offense. Result: (a) $250.00 fine, (b) costs of $160.00, (c) Jail - 12 months with 11 months suspended, (d) 90 days suspended License.
Williamsburg GDC - Charge: ASAP Show Cause. Result: Dismissed!
Newport News GDC - 2 Charges: (1) Suspended Sentence Violation - VASAP. Result: Dismissed! (2) Non-Compliance with VASAP. Dismissed with Court costs of $40.00.
Newport News JDR - Charge: Assault on Family Member. Result: Dismissed!
Newport News JDR - Charge: Kidnapping and Assault on Family Member. Result: Dismissed!
York Circuit Court - 2 Charges: 1) Fail to Yield Right of Way - (Stop Sign, Accident). Result: Amended to Defective Equipment. Fine of $50.00 and costs of $15.00. (2) Driving With Suspended License. Result: Amended to Driving Without a License. This amendment reduced the charge from Class 1 to Class 2 Misdemeanor and avoided 90 days license suspension. Fine of $50.00 and costs of $91.00.
USDC Newport News - Charge: Aggressive Driving. Result: Amended to Fail to Obey Stop Sign, fine of $25.00, plus $5.00 special fee.
Newport News Circuit Court - Petition for Full Restoration of Driving Privileges. Result: Judge granted Full Restoration of Driving Privileges.
Newport News Circuit Court - Charge: Failure to Maintain Lane. Result: Dismissed!
Williamsburg/James City County GDC - 2 Charges: (1) Assault and Battery; (2) Violation of Protective Order. Result: Both charges dismissed!
Charge: Driving Under Suspension, 5th Offense. Result: Amended to Driving Without License (46.2-300) and fine of $300.00 plus court costs. This result reduced the charge from Class 1 misdemeanor to Class 2, avoided 90 days suspension of driver's license, and avoided mandatory minimum of 10 days jail.
Chesapeake GDC - Charge: RD by Speed, 93/60. Result: Amended to Speeding, 79/60, fine $250.00, plus court costs of $67.00, client placed in holding for about two hours with no other jail.
Newport News GDC - Charge: DUI / DWI, 2nd in 5-10 years, 0.22 BAC. Result: Amended to DUI, 2nd in 5-10 years, with standard BAC (0.08 – 0.14 BAC). Sentence: ASAP, 365 days jail - 355 days suspended leaving 10 mandatory days to serve on weekends, 3 years suspended license, eligible for restricted license after 4 months. This result reduced the jail sentence from 20 days to 10 days.
Newport News GDC - 4 Charges: (1) DUI / DWI, 1st, 0.09 BAC. Minimum sentence: $250.00 fine, 180 days jail - all suspended, ASAP, 12 months suspended license with ignition interlock as the only restriction, 12 months good behavior. (2) Reckless Driving. Result: Dismissed! (3) Open Container. Result: Dismissed by Nolle Pros! (4) Fail to Obey Traffic Light. Result: Dismissed by Nolle Pros! This result avoided 2 misdemeanors and a traffic infraction and their fines and costs. It also ensured the minimum sentence permitted for the DUI charge.
New Kent GDC - Charge: DUI / DWI, 1st Offense, Accident. Result: Dismissed.
IOW GDC - Charge: Speeding, 60/35. Result: Dismissed with court costs of $74.00!
Chesapeake Circuit Court – Charge: Driving with Suspended License, 1st Offense. Result: $250.00 fine, plus court costs of $117.00. Four additional charges were resolved in General District Court: (1) DUI / DWI 2nd amended to DUI 1st upon legal argument challenging the prior as not substantially similar. Sentence: ASAP, $750 fine with $250 suspended, 90 days jail with 80 days suspended (5 days to serve), 12 months suspended license, no restricted license because client's license already suspended from a previous charge. (2) Marijuana possession 2nd, $150 fine, 5 days jail - all suspended, 6 months suspended license. (3) Expired inspection - Dismissed. (4) Show Cause for Pretrial Violation - 3 days jail - 2 days to serve. (5) Driving while License Suspended or Revoked. $250 fine and 60 days suspended license. Appealed this charge to Circuit Court.
York GDC - Charge: Speeding, 80/65. Result: Amended to Defective Equipment with $50.00 fine plus court costs.
Newport News GDC - Charge: DUI / DWI 1st, 0.16 BAC. Minimum sentence: (1) $250.00 fine; (2) Complete ASAP; (3) 12 months suspended driver's license (no application for restricted license); (4) 180 days jail with 175 days suspended. 5 days mandatory jail to serve. (5) 12 months good behavior.
Williamsburg / James City GDC - Charge: Speeding, 40/25, 4 demerit points violation. Result: Amended to Speeding, 34/25, 3 demerit points, no fine, $76.00 court costs.
Hampton GDC - 2 Charges: (1) DUI / DWI, 2nd. Result: Amended to DUI / DWI 1st. Sentence - ASAP, $500.00 fine with $250.00 suspended, 12 months suspended license (eligible for restricted license, but did not request one), 30 days jail - all suspended, 2 years good behavior. (2) Refusal, 2nd. Result: Dismissed by Nolle Pros. This result prevented the DWI from being amended to a felony based on a DWI charge pending in another county. The amendment form 2nd DWI to 1st DWI also avoided 10 days mandatory jail that would have been imposed under the original charge. Additionally, the dismissal of the Refusal avoided 3 years of license suspension.

OCTOBER

Williamsburg / James City GDC - 2 Charges: (1) Speeding, 43/25 (18 mpg). Result: Amended to Defective Equipment, $108.00 fine, plus court costs. (2) Fail to Update License. Result: Dismissed!
Richmond County GDC - Charge: Improper Turn with accident. Result: Dismissed with payment of costs!
Newport News GDC - 3 Charges: (1) DUI / DWI, 1st. Minimum sentence: $250.00 fine, complete ASAP, 180 days jail - all suspended, one year good behavior, 12 months suspended license, 12 months ignition interlock requirement with no additional restrictions. Appealed to Circuit Court so client could travel to Canada before case was final. Two additional Newport News GDC charges: Refusal dismissed by Nolle Pros and Reckless Driving dismissed.
York GDC - 2 Charges: DUI / DWI, 2nd in 5-10 years; (2) Refusal, 2nd. Although prosecutor was aware that client had another DUI pending, achieved dismissal of the Refusal 2nd and minimum sentence for the DUI / DWI 2nd. $500.00 fine, ASAP, 3 years suspended license (restricted in 4 months), ignition interlock, 6 months jail with 5 months 10 days suspended (15 days to serve).
Newport News Circuit Court - 3 Charges: (1) DUI / DWI, 4th Offense; (2) Refusal, 2nd or Subsequent Offense; (3) Driving after Forfeiture of License due to DWI. The trail was held on June 4, 2020. Prior to trial I filed a Motion to Suppress that was argued to the judge. Judge, after watching the officer's body camera video and hearing other evidence entered a finding of guilty for all three charges. He ordered a pre-sentence report that was prepared and submitted to the court.
For the Sentencing Hearing, the guidelines indicated a sentencing range of 1 year 11 months to 4 years 5 months. I asked the judge for the minimum of the guideline range and presented issues related to Family, Health/Medical, and Treatment in support of this request. Judge responded by giving the client the lowest sentence within the guidelines range.
Sentence: (1) DUI / DWI, 4th. $1,000 fine, $50.00 trauma Fund, 5 years jail with 4 years suspended, indefinite License Suspension. This is the minimum sentence permitted by the Virginia Code; (2) Driving after Forfeiture of License. 12 months jail with 6 months suspended. This leaves 3 months to serve on this charge; (3) Refusal. 12 months jail with 7 months suspended. This leaves 3 1/2 months to serve on this charge.
Virginia Beach GDC - Charge: Reckless Driving by Speed, 89/55. Result: Amended to Speeding, 20 + mph, fine of $250.00, plus court costs.
Newport News GDC - Charge: Reckless Driving by Speed, 91/65. Result: Amended to Speeding, 20+ mph, $250.00 fine, plus costs.
New Kent GDC - 4 Charges: (1) DUI / DWI, 2nd in 5 years. Result: Amended to DUI, 1st. Sentence: ASAP, $500.00 fine with $250.00 suspended 3 years good behavior, one year suspended/restricted license, all jail suspended. (2) Refusal, 2nd. Result: Dismissed. (3) Open Container. Result: $100.00 fine, plus costs. (4) Speeding, 60/45. Result: $90.00 fine, plus costs.
Newport News GDC - Charge: Reckless Driving by Speed, 105/65 (40 MPH). Result: Guilty - 30 days jail with 28 suspended, leaving one overnight of jail.
Newport News GDC - Charge: Reckless Driving by Speed, 93/65. Result: Dismissed!
King & Queen GDC - Charge: Possession of Marijuana. Result: Dismissed!
York GDC - Charge: Reckless Driving by Speed, 72/35. Result: Amended to Speeding, 54/35, $200.00 fine and costs.
York GDC - Charge: Passing a Loading School Bus. Result: Amended to Defective Equipment, $50.00 fine.
Williamsburg / James City GDC - Charge: Reckless Driving by Speed, 81/45 (36 mph). Result: $500.00 fine plus court costs of $101.00, 30 days jail - all suspended, 2 years good behavior, 60 days suspended/restricted license.
York GDC - Charge: Speeding, 52/35. Result: Amended to Improper Equipment, $50.00 fine, plus costs.
Hampton GDC - Charge: DUI / DWI, 1st, 0.16 BAC (elevated BAC). Result: Amended to DWI, 1st, standard BAC. Sentence: Complete ASAP, fine $500.00 with $250.00 suspended, 30 days jail with 20 days suspended, 2 years good behavior, eligible for Restricted License, permitted to serve jail on weekends, 12 months suspended license. This result avoided 5 days mandatory minimum charge.
Newport News GDC GDC - 3 Charges. All dismissed: (1) Texting While Driving, (2) Driving With Suspended License, and (3) Failure to Appear.
Norfolk GDC - 2 Charges: (1) No Operator's License, 2nd Offense. Result: Amended to 1st Offense, $50.00 fine and court costs of $94.00. No license suspension or jail! (2) Fail to Dim Headlights. Result: $30.00 fine and court costs of $18.00.
Norfolk JDR - Charge: Assault on Family Member (spouse). Result: Dismissed!
Newport News GDC - Charge: Speeding, 40/25. Result: Dismissed with court costs!
Chesapeake GDC - 2 Charges: (1) Driving Under Suspension, 6th Offense. Result: Amended to Driving Without a License, $100.00 fine and court costs. (2) Improper/Fictitious Plate. Result: Dismissed!
Norfolk GDC - Charge: Speeding, 54/35. Result: Amended to Defective Equipment, $100.00 fine and costs.
Southampton GDC - Charge: Speeding, 78/60. Result: Dismissed!

NOVEMBER

New Kent County GDC –Reckless Driving by Speed, 93/70. Result: Amended to Improper Driving with $200.00 fine and costs.
Portsmouth GDC - Charge: Reckless Driving by Speed, 100/60. Result: Amended to Improper Driving with $100.00 fine and court costs.
Suffolk GDC - Charge: Speeding, 79/60. Result: Dismissed!
Newport News GDC - Charge: DUI / DWI, 1st, 0.15 BAC. Result: Amended elevated BAC to standard BAC, which avoided 5 days mandatory jail. Sentence: 180 days jail - all suspended; $250.00 fine, plus court costs; complete ASAP; 12 months suspended license - did not apply for restricted license because he is a Maryland resident.
Newport News GDC - Charge: Reckless Driving by Speed, 89/65. Result: Amended to Defective Speedometer, $250.00 fine, plus court costs.
Norfolk GDC - Charge: Reckless Driving by Speed, 101/55. Result: Dismissed!
Suffolk GDC - Charge: Reckless Driving by Speed, 83/60. Result: Amended to Speeding, 69/60, with $54.00 fine plus costs of $66.00.
Newport News GDC - Charge: Reckless Driving by Speed, 62/35. Result: Amended to Speeding, 44/35, with $250.00 fine, plus court costs.
Newport News GDC - Charge: Speeding, 57/35. Result: No Amendment, $132 fine (minimum fine). Judge refused to amend the charge because client’s DMV transcript showed a recent traffic conviction and -4 DMV demerit points.
Newport News GDC - Charge: DUI / DWI,1st, elevated 0.17 BAC. Sentence: Complete ASAP; $250.00 fine; 180 days jail, 175 days suspended, leaving 5 days jail to serve due to high BAC; 12 months Suspended / Restricted License, 6 months ignition interlock.
Williamsburg /James City Circuit Court - Charge: Reckless Driving Speed, 112/65. Sentence: $750.00 fine; 6 months jail with 5 months suspended, leaving 15 days to serve after good time credit. Judge considered: 3 other Reckless Driving charges in past 1 1/2 years and new speeding charge while this case was pending. Judge expressed concern for the Trooper's safety in pursing him and the danger to anyone else who was on the road.
Surry GDC - Charge: Speeding, 74.55. Result: Dismissed!
York GDC - Charge: Reckless Driving by Speed, 85/65. Result: Amended to Speeding, 74/65 with $150.00 fine and court costs.
York County GDC - Charge: Reckless Driving by Speed, 81/55. Result: Amended to Speeding 74/55, with $200.00 fine, plus court costs of $76.00.
Newport News GDC - Charge: Speeding, 53/35. Result: Dismissed with payment of court costs!
Newport News Circuit Court - Charge: Felony Driving after Habitual Offender. Result: Amended to Misdemeanor Driving after Habitual Offender; 10 days jail to serve on weekends. The Amendment avoided a felony conviction that would have resulted in 12 months of jail and loss of rights (voting, owning firearms).
Hampton GDC - Charge: Driving after Declared Habitual Offender - Felony. Prosecutor offered 3 options for avoiding felony, client chose to resolve the case with prosecutor amending to misdemeanor and judge sentencing. Result: Amended to Misdemeanor; 12 months jail with 11 months and 15 days suspended; No fine; Pay court costs of $257.00.
Newport News GDC - Charge: Reckless Driving by Speed, 53/25 (28 over limit). Result: Defective Speedometer, with $250.00 fine.
York GDC - Charge: Reckless Driving - Fail to Maintain Control. Result: Amended to Improper Driving, with $150.00 fine, plus costs.
York Circuit Court - Reckless Driving, 87/65; $200.00 fine, plus costs; no jail; no license suspension. Judge refused to amend the charge in part because of lack of cooperation with the officer.
Newport News Circuit Court – Driving While Suspended, 4th (Class one misdemeanor). Amended to Driving Without License (Class two misdemeanor) in General District Court. Then amended to Driving Without a License in Possession (traffic infraction) in Circuit Court. Sentence: $10.00 fine, plus court costs. This result avoided 10 days mandatory minimum jail and 90 days license suspension.

DECEMBER

Virginia Beach GDC - Charge: Reckless Driving by Speed, 80/55. Result: Amended to Speeding, 74/55, with $114.00 fine plus costs.
Portsmouth Circuit Court – Expungement granted for Public Intoxication charge.
Norfolk GDC - Charge: Reckless Driving by Speed (Accident). Result: Amended to Improper Driving with $30.00 fine, plus costs.
York GDC - 2 Charges: (1) Reckless Driving by Speed, 108/55. Result: $450.00 fine; 6 months Suspended License with Restricted License after 30 days; 30 days jail with 10 days suspended (5 days to serve with good time credit). (2) Suspended License. Result: Continued to a review date for client to obtain license before the judge rules on this.
Norfolk GDC - Charge: Reckless Driving by Speed, 78/55. Result: Amended to Speeding, 64/55 with $54.00 fine, plus court costs.