Anthony L. Montagna, III, one of the  preeminent  Portsmouth DUI lawyers, and his partners at Anthony Montagna have over 100 years of combined legal experience.  The Portsmouth DUI lawyers at Anthony Montagna have handled hundreds of DUI’s.  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.  The Norfolk office is five minutes from the Courthouse in Portsmouth, Virginia.

When you need a Portsmouth DUI lawyer, you should call the best. Anthony has been zealously representing civilian and military personnel in DUI cases for over 29 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.

When someone is charged with a DUI in Newport News, Norfolk, Virginia Beach, 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

CALL TODAY: 757-625-3500

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 and questioned by the police. 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.

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:

1. DUI and Reckless Driving with a B.A.C. of .90 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION 
2. DUI with a B.A.C. of .24: DISMISSED
3. 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
4. Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED
5. Client charged with DUI-Second Offense:  Client guilty of DUI-First Offense, no active jail time
6. Client charged with DUI-First Offense and DUI-Second Offense on same day an in front of same Judge: Both charges DISMISSED

The address for the Portsmouth General District Court and Circuit Court is 1345 Court Street, Portsmouth, Virginia 23705.

• Hon. Douglas B. Ottinger, Presiding Judge, Chief Judge
• Hon. Roxie O. Holder, Presiding Judge
• Hon. Morton V. Whitlow, Presiding Judge

The Portsmouth General District Court schedule is the following:

Traffic: Mon. - Thurs.
   Mon. - Thurs.
   8:30 a.m., In Custody Arraignments
   Mon., Tues., Wed., & Thurs.
   9:00 a.m., 11:00 a.m., & 2:00 p.m. - Trials
   Fri.
   8:00 a.m.,Out of Custody Arraignments
   8:30 a.m., TEC, DIP and In Custody Arraignments
   9:00 a.m., ASAP Violations
The presiding Judges in the Portsmouth Circuit Court are the following:

MILITARY WELCOME!!!

CALL TODAY 757-625-3500