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HIGHLY SKILLED DUI LAWYERS NORFOLK VA

ANTHONY MONTAGNA, III

  • SPECIALIZING IN DUI CASES

  • WINNING DUI CASES IN NORFOLK, VA

    FOR OVER 26 YEARS 

MONTAGNA KLEIN CAMDEN LLP

  • 175+ YEARS OF COMBINED LEGAL EXPERIENCE

  • 425 MONTICELLO AVENUE, NORFOLK, VA 23510

  • 757-625-3500

Norfolk Criminal LawyerS

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425 MONTICELLO AVENUE, NORFOLK, VA 23510

757-625-3500

Anthony L. Montagna, III  and the attorneys at Montagna Klein Camden L.L.P. are highly skilled Norfolk, VA DUI lawyers.  We  have over 175 years of combined legal experience, and Anthony has been winning DUI and DWI cases for over 26 years.  Please visit us at our Norfolk, VA office at 425 Monticello Avenue, Norfolk, VA 23510.

In court, we argue against unreasonable stops, violations of the implied consent law, failures to follow the required procedures for breath and blood draws, and illegal arrests. Hire the highly skilled DUI  lawyer, Anthony L. Montagna, III, in Norfolk, VA and put a fighter in your corner! WE SPECIALIZE IN DUI CASES IN NORFOLK, VA.

The highly skilled Norfolk DUI lawyers at Montagna Klein Camden LLP have handled hundreds of DUI’s.  In Norfolk, client’s can visit Anthony Montagna, III at the firm office,  425 Monticello Avenue, Norfolk, Virginia 23510,  which is only two minutes from the Courthouses in downtown, Norfolk, VA.

HIGHLY RATED:

  • Top DUI lawyers belong to reputable organizations and need to be highly rated in the community. Antony  Montagna, III is a member of the American Association of Premier DUI Attorneys.  This organization allows Anthony access to successful defense strategies and information utilized by attorneys across the country.
  • Anthony Montagna, III is also listed as one of “BEST OF THE BEST ATTORNEYS“-TOP 10: DUI DEFENSE LAW ATTORNEY.  As this highly respected organization states, “LAW PRACTICED AT A HIGHER STANDARD. Only .05% invited. Attorney dedication, hard work and excellence at its Best.”
  • Because Anthony Montagna, III is highly experienced, he has had the privilege as being selected as one of the three best DUI attorneys in Norfolk, Virginia with ThreeBestRated.com. Anthony is very proud of his selection and strives to practice law at the standard expected of him. 
  • Martindale Hubbell has also indicated that Anthony Montagna, III has been “PEER RATED FOR STRONG ETHICAL STANDARDS.”
  • OVER THIRTY NINE (38) GOOGLE FIVE (5) STAR REVIEWS 
  • A+ rated by the Better Business Bureau.

Traffic and DUI lawyer

ALTHOUGH EVERY CASE IS DIFFERENT AND THE RESULTS OF ONE CASE DO NOT GUARANTEE RESULTS IN A DIFFERENT CASE, SOME OF ANTHONY MONTAGNA,  III’S FAVORABLE RESULTS ARE THE FOLLOWING:

  1. DUI with a B.A.C. of .24: DISMISSED
  2. DUI: GUILTY OF RECKLESS DRIVING
  3. Client charged with DUI, Second offense: Guilty of Reckless Driving
  4. DUI: Guilty of Reckless Driving
  5. Client charged with DUI: Guilty of Wet Reckless Driving
  6. Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED
  7. DUI and Refusal: DISMISSED
  8. Client charged with DUI and Refusal:  Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance
  9. Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED
  10. DUI-Second Offense:  Client guilty of DUI-First Offense, no active jail time
  11. Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: Both charges DISMISSED

COSTS OF A DUI IN NORFOLK, VA:

  1. ATTORNEY FEES
  2. TERMINATION OF EMPLOYMENT
  3. COURT FINES
  4. INCARCERATION COSTS
  5. COURT COSTS
  6. BAIL BONDSMAN  COSTS (USUALLY 10% OF BOND)
  7. ALCOHOL SAFETY ACTION PROGRAM (ASAP) FEES
  8. INSURANCE PREMIUM INCREASES
  9. INTERLOCK DEVICE COSTS
  10. CAR TOWING FEES
  11. CRIMINAL CONVICTION STIGMA
  12. ALTERNATIVE TRANSPORTATION COSTS WITH A LICENSE SUSPENSION

BIO OF ANTHONY MONTAGNA, III

  • Anthony Montagna, III was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, he and his family moved to Norfolk, Virginia, his father’s home town.
  • Anthony graduated from Norfolk Academy in Norfolk, VA in 1986.  After graduation, he attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics.
  • At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List.
  • After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993.
  • Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C. in Norfolk, VA.
  • In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family.  He particularly enjoys spending time with his daughter, Phoebe, who is 17 and attends Norfolk Academy.

SON OF A CAPTAIN, USNR:

As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to ensure you get the results that you want. He has been involved in the law for over 26 years and is well known for his knowledge of the law and familiarity with the judges in Norfolk, VA.

COMMITMENT TO CLIENTS:

“With over 26 years of experience, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed  to providing my clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”

norfolk traffic law attorney

WE THINK OUTSIDE OF THE BOX

Anthony strives to answer all questions, to provide regular updates and return all phone calls. If you want an attorney who will think outside of the box, make your case a priority and work hard for you, Anthony is the attorney for you.

Norfolk Traffic and DUI lawyer attorney

THREE REASONS TO SELECT ANTHONY MONTAGNA, III

1. When you consider hiring an attorney, know that Anthony is here to help you. He is uniquely qualified to handle your simplest or most complex legal matter. Anthony will fight for you in court to ensure that your rights and entitlements are fully protected. He is only satisfied when you are satisfied and amazes people with his quick response to telephone and email requests.

2. Anthony practiced law with his father for over 20 years before he joined Montagna Klein Camden LLP. Anthony’s father was a retired Captain from the Naval Reserves and former Judge Advocate General (JAG). Anthony Montagna, Jr. taught Anthony everything about the division of military pensions, Survivor Benefit Plans (SBP), Thrift Savings Plans (TSP), and Leave and Earning Statements (LES). With the knowledge he acquired from working with his father, Anthony is ready to tackle your divorce, custody and support issues.

3. For over 26 years, Anthony has defended military and civilian individuals charged with DUI and  serious crimes. He has won countless driving under the influence, reckless driving and traffic cases. As an attorney who has successfully represented individuals charged with murder, abduction, strangulation, rape, robbery, and drug crimes, Anthony is well known for his aggressive representation and complete preparation in defending his clients. Additionally, Anthony has successfully obtained large settlements and trial verdicts for his clients, who were injured in serious automobile, motorcycle, and trucking accidents. When you need a lawyer who thinks outside of the box and obtains great results, call Anthony today.

HIGHLY SKILLED DUI LAWYERS IN NORFOLK, VA WHO YOU CAN TRUST

  • When you want the best Norfolk DUI lawyer, you cannot go wrong calling Anthony Montagna and the lawyers at the firm. Anthony has been zealously representing civilian and military personnel in DUI cases for over 26 years.
  • Anthony has the knowledge, skill, and compassion to obtain the most favorable dispositions for his clients.  Anthony will carefully explain all the elements and penalties of a DUI and will “walk with you every step of the way” during the course of his representation of you.

MILITARY WELCOME

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UNION WORKERS WELCOME

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When someone is charged with a DUI in NNorfolk, Virginia, he or she is often afraid, nervous, and concerned.  With Anthony by your side, you can rest easily knowing that he will represent you like he would want a colleague to represent his family member.  Anthony is tough as nails and appreciates the opportunity to serve you.

WHAT IS A DUI?

  1. What are the intoxicated related offenses? Driving While intoxicated Section 18.2-266 Five ways to convict:
  • While a person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided under Article
  • While under the influence of alcohol
  • While under the influence of any narcotic or self administered intoxicant or drug to which it impairs the person’s ability to drive safely.
  • While a person is under the combined influence of alcohol and drugs that impairs his ability to operate a motor vehicle.
  • While such a person has a blood concentration of any of the following substances at a level that is equal to or greater than 0.02 milligrams of cocaine per liter of blood, 0.1 milligrams of methamphetamine per liter of blood, 0.01 milligrams of phencyclidine per liter of blood, or 0.1 milligrams of 3,4 methylenedioxymethamphetamine per liter of blood.

First Offense:

  • A class I misdemeanor, up to 12 months in jail and a $2500.00 fine, with a mandatory minimum fine of $250.00. If the defendant’s BAC is at least .15 but not more than .20, the defendant must serve a mandatory minimum sentence of five days. If the BAC is more than .20, the defendant must serve a mandatory minimum 10 day jail sentence.
  • Defendant must complete Virginia Alcohol Safety Action Program (ASAP), if ordered.
  • Suspension of driver’s license for 12 months, with court discretion for a restricted driver’s license.
  • If the BAC was .15 or more, installation of an ignition interlock system is mandated for a minimum of six months on any vehicle registered to or owned by the defendant.

Second Offense:

  • Within 5 years: a Class I misdemeanor and a mandatory minimum fine of $500 and a jail sentence not less than one month, with a mandatory minimum jail sentence of 20 days; if the BAC is at least .15 but not more than .20, an additional 10 days is added to the mandatory minimum sentence; if the BAC is more than .20, the additional mandatory jail sentence is 20 days.
  • Within 5 to 10 years: a Class I misdemeanor and a mandatory minimum fine of $500.00 and a jail sentence of not less than one month with a mandatory minimum jail sentence of 10 days; if the BAC is at least .15 but not more than .20, the defendant must serve an additional mandatory jail sentence of 10 days and the total mandatory fine is $1000.00; if the BAC is more than .20, the defendant must serve an additional mandatory jail sentence of 20 days and the total mandatory fine is $1000.00.
  • Driver’s license suspended for three years.
  • Restricted license may be obtained after four months, if second offense occurred between 5 and 10 years ago.
  • Restricted license may be obtained after 1 year if second offense is within 5 years.
  • All restricted licenses require ignition interlock system for a period of time not to exceed the period of license suspension and restriction, but not less than 6 months.

Third Offense within 10 years:

  • A Class VI felony, up to 5 years in the penitentiary and a $2,500.00 fine
  • If third offense is within 5 years, mandatory minimum $1,000.00 fine and mandatory minimum jail sentence of 6 months
  • Mandatory minimum jail sentence of 90 days, if not within 5 years
  • Indefinite license suspension.

Fourth or Subsequent Offense within 10 years:

  • Class VI felony, mandatory minimum sentence of 1 year and $1,000.00 fine.

DUI QUESTIONS:

What are field sobriety tests? They are used to assist officers in evaluating whether an individual is impaired. The most common field tests are: Horizontal Gaze Nystagmus (HGN), nose touch, alphabet, one leg stand, walk and turn, and preliminary breath test (PBT).

  1. HGN: measures involuntary jerking of eyes.
  2. Nose touch: touching nose with finger.
  3. Alphabet: reciting alphabet from A to Z or from any letter to another, without singing.
  4. Standing on one foot with other foot raised six inches off the ground for 30 seconds.
  5. Walk and turn: walking nine steps, up and back, on a real or imaginary line.
  6. PBT: not admissible at trial, but may be offered at suppression hearings to justify probable cause; a small hand held breath testing device.

The police officer never told me of my rights, is that Ok? A police officer is not required to Mirandize everyone. An individual must only be advised of his rights if he is in custody. Generally, a police officer does not need to advise an individual of his rights if he is stopped only for an investigative detention. However, the police officer must have stopped the individual based on a reasonable, articulable suspicion.

What is implied consent? If you drive a motor vehicle on a highway, as defined in the code, that you agree to submit to the breathalyzer or blood test to determine the presence of alcohol or drugs. § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedloxymethamphetamine per liter of blood, A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth. § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood

  • Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of §l8.2-266, 18.2-266.1, or subsection B of §18.2-272 or of a similar ordinance within three hours of the alleged offense.
  • Any person so arrested for a violation of clause (i) or (ii) of §18.2- 266 or both, §48.2-266.1 or subsection B of §18.2-272 or of similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.

A person, after having been arrested for a violation of clause (iii), (iv), or (v) of §18.2-266 or § 18.2-266.1 or subsection B of 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of §18.2-266(i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

What is a Refusal charge?  It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 of VA Code, 1959, as amended, or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by § 18.2-268.2.  A Refusal is listed under §18.2-268.3 of the Code of Virginia, 1950, as amended as follows:

§ 18.2-268.3. Refusal of tests; penalties; procedures:

A. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by § 18.2-268.2, and any person who so unreasonably refuses is guilty of a violation of this subsection, which is punishable as follows:

1. A first violation is a civil offense. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor. A conviction under this subdivision shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment of conviction. This revocation period is in addition to the suspension period provided under § 46.2-391.2.

B. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this subsection, which is a civil offense and is punishable as follows:

1. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment. This revocation period is in addition to the suspension period provided under § 46.2-391.2.

C. When a person is arrested for a violation of § 18.2-51.418.2-266, or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court (i) that a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) of the civil penalties for unreasonable refusal to have blood or breath or both blood and breath samples taken, and (v) of the criminal penalty for unreasonable refusal to have breath samples taken within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal, which is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

D. The arresting officer shall, under oath before the magistrate, execute the form and certify (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection C to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection C read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under subsection A or any offense under subsection B shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

E. A defendant who is found guilty of a first offense and whose license is suspended pursuant to subdivision A 1 or B 1 may petition the court 30 days after the date of conviction for a restricted license and the court may, for good cause shown, provide that the defendant is issued a restricted license during the remaining period of suspension, or any portion thereof, for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). If the court grants such petition and issues the defendant a restricted license, the court shall order (i) that reinstatement of the defendant’s license to drive be conditioned upon (a) the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of time not to exceed the period of license suspension and restriction, not less than six consecutive months without alcohol-related violations of the interlock requirements and (b) the requirement that such person not operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect and (ii) that, as a condition of probation or otherwise, the defendant enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment conducted by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program that is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2. The court shall require the person entering such program under the provisions of this section to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged.

If the court grants a restricted license to any person pursuant to this section, the court shall order such person to surrender his driver’s license to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. The period of time during which the person is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 18.2-272. The provisions of subsection F of § 18.2-271.1 shall apply to this subsection mutatis mutandis, except as herein provided.

F. Notwithstanding any other provisions of this section or of § 18.2-271.1, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).

Can you get a restricted license after a DUI conviction?  Yes.

§ 18.2-271.1 of the Code of Virginia 1950, as amended: Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law:

A. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by § 18.2-268.2, and any person who so unreasonably refuses is guilty of a violation of this subsection, which is punishable as follows:

1. A first violation is a civil offense. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor. A conviction under this subdivision shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment of conviction. This revocation period is in addition to the suspension period provided under § 46.2-391.2.

B. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this subsection, which is a civil offense and is punishable as follows:

1. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment. This revocation period is in addition to the suspension period provided under § 46.2-391.2.

C. When a person is arrested for a violation of § 18.2-51.418.2-266, or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court (i) that a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) of the civil penalties for unreasonable refusal to have blood or breath or both blood and breath samples taken, and (v) of the criminal penalty for unreasonable refusal to have breath samples taken within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal, which is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

D. The arresting officer shall, under oath before the magistrate, execute the form and certify (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection C to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection C read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under subsection A or any offense under subsection B shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

E. A defendant who is found guilty of a first offense and whose license is suspended pursuant to subdivision A 1 or B 1 may petition the court 30 days after the date of conviction for a restricted license and the court may, for good cause shown, provide that the defendant is issued a restricted license during the remaining period of suspension, or any portion thereof, for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). If the court grants such petition and issues the defendant a restricted license, the court shall order (i) that reinstatement of the defendant’s license to drive be conditioned upon (a) the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of time not to exceed the period of license suspension and restriction, not less than six consecutive months without alcohol-related violations of the interlock requirements and (b) the requirement that such person not operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect and (ii) that, as a condition of probation or otherwise, the defendant enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment conducted by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program that is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2. The court shall require the person entering such program under the provisions of this section to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged.

If the court grants a restricted license to any person pursuant to this section, the court shall order such person to surrender his driver’s license to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. The period of time during which the person is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 18.2-272. The provisions of subsection F of § 18.2-271.1 shall apply to this subsection mutatis mutandis, except as herein provided.

F. Notwithstanding any other provisions of this section or of § 18.2-271.1, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).

License Act (§ 46.2-341.1 et seq.).

What are the approved interlock devices?

ALCOLOCK:   WR2 and LR

Drager:   XT 7000

Intoxalock:  1001A
Pending

LifeSafer:   FC100  and L250

Smart Start:   2020, 2030, and  235

What are some frequently asked ASAP questions?
1.  How long will I be under ASAP supervision?
You will be under ASAP supervision for the entire term the court imposes which varies from case to
case.
2.  Is ASAP a 10-week class only?
No, while a 10-week education class may be one required component of ASAP probation, supervision
monitoring, ignition interlock monitoring, substance abuse treatment (if required) and any special
conditions ordered by the court may apply.
3.  Can I transfer to another ASAP?
Yes, under certain circumstances you may be able to transfer to another ASAP. You will need to contact
your ASAP case manager for this request.
4.  Can I bring family or friends with me to the ASAP classes?
No, family members and friends are not permitted in the ASAP class.
5.  What happens if I miss an ASAP class?
ASAP class attendance is mandatory. Your case manager will provide information to you regarding
missed classes.
6.  Can I drive to a gas station or grocery store?
The DC261 provides information on the approved destination restrictions. Please refer to this
document.
7.  Does the ASAP select the ignition interlock vendor for me?
No, you are responsible for selecting the ignition interlock vendor from the state approved vendor list.
8.  Can I drive before I get the ignition interlock installed?
No, you must have the ignition interlock installed before you can drive anywhere.
9.  Who tells the DMV when I complete the ASAP?
The ASAP will electronically enter completion into the DMV system once all ASAP requirements have
been met.
10. Will all my ASAP fees have to be paid before I can get my license?
Yes, all your ASAP fees will have to be paid in full before you can get a license. The DMV will not issue
you a driver’s license until completion has been entered in the DMV system by the local ASAP.

Do you have a link to ASAP videos?

Yes.  See ASAP videos

The address for the Norfolk General District Court and Circuit Court is 150 Saint Paul’s Boulevard, Norfolk, Virginia 23510.

  The presiding Judges in the Norfolk General District Court are the following:

  • Hon. Michael C. Rosenblum, Chief Judge
  • Hon. Silas Clark Daugherty
  • Hon. Joan E. Mahoney
  • Hon. Robert B. Rigney
  • Hon. Tasha D. Scott
  • Hon. Bruce A. Wilcox

The Norfolk General District Court schedule is the following:

Traffic Cases Begin
   Mon. - Fri., 9:00 a.m., 10:00 a.m. & 11:00 a.m.
The presiding Judges in the Norfolk Circuit Court are the following: 
  • Mary J. Hall, Presiding Judge, Chief Judge.
  • Michelle J. Atkins, Presiding Judge.
  • John Raymond Doyle, Presiding Judge.
  • Junius P. Fulton III, Presiding Judge.
  • Jerrauld C. Jones, Presiding Judge.
  • David W. Lannetti, Presiding Judge.
  • Everett A. Martin Jr., Presiding Judge.
  • Joseph A. Migliozzi Jr., Presiding Judge

If you seek information about your case in Norfolk, please follow this link.

WHAT ARE SOME LINKS FOR THE NHTSA (NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION) TRAINING MANUALS:

  1. DWI DETECTION – INSTRUCTOR MANUAL
  2. DWI DETECTION – PARTICIPANT MANUAL
  3. DWI DETECTION REFRESHER – INSTRUCTOR MANUAL
  4. DWI DETECTION REFRESHER – PARTICIPANT MANUAL
WHEN YOU HAVE THE DIFFICULT CHOICE OF SELECTING AN ATTORNEY FOR A DUI IN NORFOLK, VA,  CALL A PROVEN WINNER, ANTHONY MONTAGNA, III. AS  TOP NORFOLK DUI LAWYERS, ANTHONY MONTAGNA, III AND HIS PARTNERS WILL FIGHT FOR YOU AND DEFEND YOUR RIGHTS.