DUI Lawyers Chesapeake VA
Anthony L. Montagna, III, one of the preeminent Chesapeake DUI lawyers, and his partners at Montagna Klein Camden have over 150 years of combined legal experience. The Chesapeake DUI lawyers at Montagna Klein Camden LLP have handled hundreds of DUI’s and other serious traffic charges. Anthony’s Newport News office is conveniently located across the street from the shipyard at 4302 Huntington Avenue, Newport News, Virginia 23607. On the Southside in Norfolk, client’s can visit Anthony at his Norfolk office, 425 Monticello Avenue, Norfolk, Virginia 23510. Many of our clients are locals, union workers, students, vacationers, and military men and women. We offer reasonable fees, discounts, and payment plans in most cases.
AGGRESSIVE, SKILLED, TRIAL TESTED
When you need a Chesapeake DUI lawyer, you should call the best. Anthony has been zealously representing civilian and military personnel in DUI and serious traffic cases for over 21 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.
PROUD TO REPRESENT OUR SERVICE MEN AND WOMEN
When someone is charged with a DUI in Newport News, Norfolk, Virginia Beach, Chesapeake or anywhere in Hampton Roads, 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.
OVER 150 YEARS OF COMBINED LEGAL EXPERIENCE AT MONTAGNA KLEIN CAMDEN LLP
Anthony 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.
As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law. Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, personal injury, family law, DUI and traffic, security clearance, criminal, and corporation cases.
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, Virginia Beach, Newport News, and all of Hampton Roads, 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 16 and attends Norfolk Academy.
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.”
WELL ROUNDED EXPERIENCE:
In addition to representing individuals who were seriously injured as the result of the negligence of others, Anthony has successfully defended individuals charged with serious criminal and traffic offenses, like murder, rape, robbery, hit and run, and DUI. He has represented men and women dealing with contested and uncontested divorce, custody, and support issues. Anthony is driven to succeed and prides himself on his extensive preparatory research – vital to a favorable verdict.
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.
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 his partners. Anthony has been zealously representing civilian and military personnel in DUI cases for over 25 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.
AREAS WE SERVE:
- NEWPORT NEWS
- VIRGINIA BEACH
- NEW KENT COUNTY
- WILLIAMSBURG/JAMES CITY COUNTY
- YORK COUNTY
- ISLE OF WIGHT
- SOUTHAMPTON COUNTY
- ACCOMACK COUNTY
- NORTHAMPTON COUNTY
CALL TODAY: 757-625-3500
WHAT IS A DUI?
- 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.
- 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.
- 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.
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).
- HGN: measures involuntary jerking of eyes.
- Nose touch: touching nose with finger.
- Alphabet: reciting alphabet from A to Z or from any letter to another, without singing.
- Standing on one foot with other foot raised six inches off the ground for 30 seconds.
- Walk and turn: walking nine steps, up and back, on a real or imaginary line.
- 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 are the approved interlock devices?
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
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
6. Can I drive to a gas station or grocery store?
The DC261 provides information on the approved destination restrictions. Please refer to this
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
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
Although every case is different and the results of one case do not guarantee results in a different case, some of Anthony Montagna’s dispositions are the following:
- DUI with a B.A.C. of .24: DISMISSED
- 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
- Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED
- Client charged with DUI-Second Offense: Client guilty of DUI-First Offense, no active jail time
- Client charged with DUI-First Offense and DUI-Second Offense on same day an in front of same Judge: Both charges DISMISSED