Matney Law, PLLC

04/15/2022

What's keeping you up at night? Family Law, Criminal Defense, Traffic Matters, and Personal Injury--we can help. Download free info at attorneyholcomb.com. Answers.

11/12/2021

Operating Uninsured Motor Vehicle Without Payment of Fee – Dismissed!

This week I helped a military client who is stationed in another state with the dismissal of the charge of operating an uninsured motor vehicle. He received the summons when he was visiting his mother and driving her car. His mother did not realize at the time that her insurance had expired and renewed her policy soon after my client’s contact with the police.

The Virginia Code section, 46.2-707, provides that anyone who owns and operates an uninsured vehicle must pay an uninsured motor vehicle fee or else be subject to a Class 3 misdemeanor.
The paragraph that applied to our case states, “Any person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the Commissioner, shall be guilty of a Class 3 misdemeanor.”
Judges are often sympathetic when someone obtains and brings proof of insurance for the court date. However, since my client did not own the vehicle, we were also able to raise the challenge that the officer could not prove that my client knew that the vehicle was uninsured and “that the required fee had not been paid to the Commissioner.”

It is important to carefully read the code section when charged with a traffic violation or misdemeanor in order to explore any possible defenses that are available in the code itself.

11/11/2021

In the past week, I have had two cases where the police officer was unable to show accuracy of his radar. So they were both dismissed, right? Wrong. Sometimes, even when the officer cannot prove accuracy of the equipment, the case is not dismissed.

In the first case, my client was charged with reckless driving by speed, 81/55 (26 mph over the limit). In that case the officer seemed upset when I asked him for his calibration record and then provided a certificate for a calibration that was performed after my client was stopped. To demonstrate accuracy at the time of the stop, the certificate must be dated during the six-month period before the stop. When I told the judge that I challenged the calibration certificate and explained the reason, the judge granted my motion to dismiss.

For the second case, with a different judge, my client’s summons was for reckless driving by speed, 97/65 (32 mph over the limit). This case involved a cordial trooper who shared all of his documents and discussed them with me. We found that he had certificates that were too recent and a certificate that was too old, but he did not have one for the six-month period before the date he stopped my client. The judge agreed with my challenge to the certificate, but said that he would not dismiss the case since the speed was so high. I argued that without the certificate the trooper could only establish speeding and not reckless driving by speed since he could not show that my client was driving more than 20 mph over the limit or over 85 mph (the two grounds for reckless by speed). The judge told me I could appeal and ruled reckless driving. The sentence was more lenient and did not include the jail time he was giving to drivers with similar speeds, but it was not the result I wanted after successfully challenging the radar.

Although I believe that the second judge was incorrect in finding my client guilty of reckless driving, he was right about her right to appeal. She now has a second opportunity to avoid the criminal misdemeanor.

Successfully Challenging Radar Certificates by attorney Mark Matney - Preparing for Court by Matney Law PLLC in Newport News Virginia.

11/08/2021

The importance of mentors is one of the significant ideas I took away from the GLM Summit. Ben Glass noted, "Wherever you are on your journey, there is someone who has had your experience and moved on who you can learn from. And there is someone who is not as far along as you who you can mentor." I receive ideas, encouragement and accountability from my mastermind group and encourage you to launch or join one.

11/07/2021

Henry Ruggs III was driving with a fatal combination of alcohol and excessive speed when he struck Tina Tintor's vehicle. DUI / DWI law actually permits drinking alcohol and driving unless the driver is deemed "under the influence" of the alcohol. For Virginia, there is a presumption that a driver is under the influence if the BAC is 0.08 or above (Ruggs' BAC has been reported as 0.16). The prosecution can demonstrate this without a BAC by showing the impact of the alcohol on the driver's appearance and ability to perform certain field tests.

11/02/2021

“If you have a product or service that solves people’s problems, then you have a moral obligation to let people know about the product or service you offer.” I spent the weekend with lawyer entrepreneurs who are growing their businesses so they can help more people.

08/31/2021

Vote early, but not often. A Virginia election official was at a meeting I attended today and it is recommended that people vote as early as possible to reduce possible fraud. Voting early prevents you from showing up at the poll on election day and finding that someone already used your name to vote. The first two days for early voting in Virginia are September 17 and September 20.

07/12/2021

Be aware!

*****UPDATE: It was brought to our attention that Mr. Bethea has recently shaved his head.

WANTED: ARMED & DANGEROUS SUSPECT

At the NNPD, our current priority is to locate 22-year-old Mr. Kevin Lee Bethea.

Mr. Bethea has been charged with:

Malicous Wounding
Robbery
Abduction by Force/Intimidation
Use of a Firearm in the Commission of a Felony

These charges stem from a recent brutal assault and robbery on an 83-year-old Newport News man on July 9, 2021 and the kidnapping of a 21-year-old woman on July 7, 2021. The 21-year-old female was able to get away.

Mr. Bethea is armed and believed to be extremely dangerous. If you have any information regarding this incident, please call the Crime Line at 1–888-LOCK-U-UP (1–888–562- 5887). Crime Line callers remain completely anonymous, are never required to testify in court and if the tip leads to an arrest are eligible for a reward up to $1,000. You can also make an anonymous tip online at p3tips.com.

07/08/2021

Red Light Violation w/ Accident Dismissed!

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