| Blood Alcohol Concentration (BAC) in g/dL | Typical Effects | Predictable Effects on Driving |
|---|---|---|
| .02 | Some loss of judgment; relaxation, slight body warmth, altered mood | Decline in visual functions (rapid tracking of a moving target), decline in ability to perform two tasks at the same time (divided attention) |
| .05 | Exaggerated behavior, may have loss of small-muscle control (e.g., focusing your eyes), impaired judgment, usually good feeling, lowered alertness, release of inhibition | Reduced coordination, reduced ability to track moving objects, difficulty steering, reduced response to emergency driving situations |
| .08 | Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing), harder to detect danger; judgment, self-control, reasoning, and memory are impaired | Concentration, short-term memory loss, speed control, reduced information processing capability (e.g., signal detection, visual search), impaired perception |
| .10 | Clear deterioration of reaction time and control, slurred speech, poor coordination, and slowed thinking | Reduced ability to maintain lane position and brake appropriately |
| .15 | Far less muscle control than normal, vomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol), major loss of balance | Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing |
DUI LAWYERS HAMPTON VA
ATTORNEY ANTHONY MONTAGNA, III
- WINNING CASES AND PROVIDING UNMATCHED LEGAL REPRESENTATION SINCE 1993
- MILITARY, UNION, TEACHER, RETIRED, AND FIRST RESPONDER DISCOUNTS
- TOUGH, DEDICATED, AND TRUSTWORTHY HAMPTON, VA DUI LAWYER
- 3 CONVENIENT LOCATIONS IN NORFOLK, NEWPORT NEWS, AND VIRGINIA BEACH, VA
- 757-625-3500, 757-622-8056, and 757-622-8173
MONTAGNA DUI LAW
- 175+ YEARS OF COMBINED LEGAL EXPERIENCE
- A CLIENT FIRST LAW FIRM
- WE TREAT YOU LIKE FAMILY
- HAMPTON, VA DUI LAWYERS THAT KNOW THE LAW
A HIGHLY RATED HAMPTON, VA DUI LAWYER:
Top DUI lawyers belong to reputable organizations and need to be highly rated in the community. Anthony 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 is also listed as one of the three best DUI attorneys in Norfolk, Virginia with ThreeBestRated.com.
When you need a DUI Lawyer in Hampton, VA, call Anthony Montagna, III, who is A+ rated by the Better Business Bureau. Put a fighter in your corner.
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 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.
- DUI with a B.A.C. of .24: DISMISSED – Attorney Montagna made a motion to strike with an unusual technical defense.
- DUI AND REFUSAL: REFUSAL Nolle Prosequi (Dismissed without Prejudice) and DUI reduced to Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- DUI-2ND OFFENSE AND REFUSAL: Both charges Nolle Prosequi (Dismissed without Prejudice) – Attorney Montagna showed the prosecutor the problems with the case.
- DUI: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
- DUI-Drugs: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI, Second offense: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- DUI: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI: Guilty of Wet Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED – After a lengthy trial, Attorney Montagna argued that the police officer did not have a reasonable basis to stop the client’s vehicle.
- DUI and Refusal: DISMISSED – Attorney Montagna convinced the court that there was not enough evidence beyond a reasonable doubt to convict the client.
- 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 – Attorney Montagna showed the prosecutor the problems with the case.
- Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED – After a lengthy trial, Attorney Montagna argued that there was not enough evidence beyond a reasonable doubt to convict the client.
- DUI-Second Offense: Client guilty of DUI-First Offense, no active jail time – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED – Attorney Montagna made specific arguments to suppress the certificate of analysis in the first case and show that the police officer did not have a reasonable basis to stop the client’s vehicle in the second case.
- Client charged with DUI-First Offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail. All jail time suspended. Attorney Montagna showed the prosecutor the problems with the case.
THREE CONVENIENT LOCATIONS
Norfolk, VA:
425 Monticello Avenue, Suite A,
Norfolk, VA 23510
757-625-3500
Newport News, VA:
4302 Huntington Avenue, Suite A,
Newport News, VA 23607
757-625-3500 and 757-622-8173
Virginia Beach, VA:
One Columbus Center, Ste. 600, PMB 025
Virginia Beach, VA 23462
757-625-3500 and 757-622-8056
Anthony L. Montagna, III, A Hampton DUI lawyer, and the lawyers at Montagna DUI Law have over 175 years of combined legal experience. The Hampton DUI lawyers at Montagna DUI Law have handled hundreds of DUI’s and provide unmatched legal representation.
Anthony’s Newport News office is conveniently located across the street from the shipyard at 4302 Huntington Avenue, Suite A, Newport News, Virginia 23607. On the Southside in Norfolk, clients can visit Anthony at his Norfolk office, 425 Monticello Avenue, Suite A, Norfolk, Virginia 23510. Finally, in Virginia Beach, clients can visit Anthony at One Columbus Center, Suite 600, PMB 025, Virginia Beach, VA 23462.
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. Do not tackle a DUI/DWI alone, call the professionals at Montagna DUI Law.
IMPAIRED DRIVING IS A NATIONAL PROBLEM – PLEASE DO NOT BECOME A STATISTIC
Pursuant to “Impaired Driving: Get the Facts” from the Centers for Disease Control and Prevention, “Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver.1 This is one death every 50 minutes.1 The annual cost of alcohol-related crashes totals more than $44 billion.2″
- National Highway Traffic Safety Administration. Traffic Safety Facts 2016 data: alcohol-impaired driving. U.S. Department of Transportation, Washington, DC; 2017 Available at: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812450external icon Accessed 16 April 2018.
- Blincoe LJ, Miller TR, Zaloshnja E, Lawrence BA. National Highway Traffic Safety Administration. The economic and societal impact of motor vehicle crashes, 2010. (Revised). U.S. Department of Transportation, Washington, DC; 2015. Available at: http://www-nrd.nhtsa.dot.gov/pubs/812013.pdfpdf iconexternal icon. Accessed 16 April 2018.
Impaired driving, DUI, and DWI are serious problems. If you have a drinking or drug problem, get help. If you find yourself charged with DUI or DWI, rest comfortably that Law Offices of Anthony Montagna, III is here to help you and to provide unmatched legal representation.
Please do not drink and drive. Alcohol can have some subtle effects on a person. However, if you are charged with DUI/DWI in Norfolk, VA, contact Law Offices of Anthony Montagna, III. We can discuss with you whether you may need a forensic toxicologist. In any case, Law Offices of Anthony Montagna, III is here to help
AN AGGRESSIVE, SKILLED, AND TRIAL TESTED HAMPTON, VA DUI LAWYER
When you need a Hampton DUI lawyer, you should call Anthony Montagna, III. Anthony has been zealously representing civilian and military personnel in DUI cases since 1993. 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 you are scared, worried, and uncertain, contact Law Offices of Anthony Montagna, III. We are at our best when you need help.
MILITARY WELCOME
UNION WORKERS WELCOME
PROUD TO REPRESENT OUR SERVICE MEN AND WOMEN AND UNION WORKERS
When someone is charged with a DUI in Hampton, 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.
COMMITMENT TO CLIENTS AS A HAMPTON, VA DUI LAWYER:
“Practicing law since 1993, I know each Hampton DUI/DWI 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 Hampton, VA DUI/DWI 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.”
CALL TODAY: 757-625-3500 or 757-622-8173
AREAS WE SERVE:
- NORFOLK
- NEWPORT NEWS
- HAMPTON
- YORK COUNTY
- NEW KENT COUNTY
- WILLIAMSBURG/JAMES CITY COUNTY
- SUFFOLK
- CHESAPEAKE
- PORTSMOUTH
- VIRGINIA BEACH
- ACCOMAC COUNTY
- NORTHAMPTON COUNTY
- SOUTHAMPTON COUNTY
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.
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).
- 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 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.
What are the approved interlock devices?
ALCOLOCK:
WR2
LR
Drager:
XT
7000
Intoxalock:
1001A
Pending
LifeSafer:
FC100
L250
Smart Start:
2020
2030
701
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?
Yes. See ASAP Link
IF YOU SEEK INFORMATION ABOUT YOUR CASE, PLEASE FOLLOW THIS LINK.
When you have the difficult choice of selecting an attorney for a DUI in Hampton, Newport News, Norfolk, Virginia Beach, or anywhere in Hampton Roads, call a proven winner, Anthony Montagna, III. As Hampton, VA DUI lawyers, Anthony Montagna, III and the other lawyers at the firm will fight for you and defend your rights.
CALL TODAY 757-625-3500 or 757-622-8173
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"Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"
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"Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."
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"Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!"
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"I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."
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"Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."
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"Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."