DUI LAWYERS NEWPORT NEWS VA

Anthony Montagna, III is your "Go To" Newport News DUI lawyer
Anthony Montagna, III is your “Go To” Newport News DUI lawyer

ANTHONY L. MONTAGNA, III

  • WINNING DUI CASES AND PROVIDING UNMATCHED LEGAL REPRESENTATION SINCE 1993

  • MILITARY, UNION, TEACHER, SENIOR, AND FIRST RESPONDER DISCOUNTS

  • A TOUGH, SKILLED, AND TRUSTWORTHY NEWPORT NEWS, VA DUI LAWYER

  • WELL KNOWN IN THE COMUNITY

  • 4302 HUNTINGTON AVENUE, NEWPORT NEWS, VA 23607

  • 757-380-8100

  • FOLLOW THIS LINK TO SEE MY GOOGLE REVIEWS

MONTAGNA KLEIN CAMDEN LLP

  • 125+ YEARS OF COMBINED LEGAL EXPERIENCE

  • A CLIENT FIRST LAW FIRM

  • WE TREAT YOU LIKE FAMILY

  • WHEN YOU ARE DOWN, WE LIFT YOU UP

  • THREE CONVENIENT OFFICES IN NEWPORT NEWS, NORFOLK, AND VIRGINIA BEACH

Anthony L. Montagna, III, a highly seasoned  Newport News, VA  DUI lawyer, and the other lawyers at the firm of Montagna Klein Camden have over 125 years of combined legal experience.  The Newport News DUI lawyers at Montagna Law have handled hundreds of DUI’s and other serious traffic charges.

Anthony’s Newport News office is conveniently located across the street from the Newport News Shipyard  at 4302 Huntington Avenue, Newport News, Virginia 23607.  The office is minutes from the courthouses in downtown Newport News, VA.

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.

SOME OF OUR DUI/DWI RESULTS:

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 DUI/DWI RESULTS ARE THE FOLLOWING:

  1. DUI with a B.A.C. of .24: DISMISSED
  2. DUI AND REFUSAL: REFUSAL Nolle Prosequi (Dismissed without Prejudice) and  DUI reduced to Reckless Driving
  3. DUI-2ND OFFENSE AND REFUSAL: Both charges Nolle Prosequi (Dismissed without Prejudice)
  4. DUI: GUILTY OF RECKLESS DRIVING
  5. DUI-Drugs: GUILTY OF RECKLESS DRIVING
  6. Client charged with DUI, Second offense: Guilty of Reckless Driving
  7. DUI: Guilty of Reckless Driving
  8. Client charged with DUI: Guilty of Wet Reckless Driving
  9. Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED
  10. DUI and Refusal: DISMISSED
  11. 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
  12. Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED
  13. DUI-Second Offense:  Client guilty of DUI-First Offense, no active jail time
  14. Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED
  15. 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.
Anthony Montagna, III is one of the 10 Best 2022
Anthony Montagna, III is one of the 10 Best 2022
Anthony Montagna is a member of the AMERICAN ASSOCIATION OF DUI ATTORNEYS logo
Anthony Montagna, III is a member of AMERICAN ASSOCIATION OF DUI ATTORNEYS
Anthony Montagna is listed as one of the top 3 DUI lawyers in Norfolk, VA with ThreeBest Rated
Anthony Montagna is listed as one of the top 3 DUI lawyers in Norfolk, VA with ThreeBest Rated
Anthony Montagna, III is Peer Rated for Strong Ethical Standards
Anthony Montagna, III is Peer Rated for Strong Ethical Standards
Anthony Montagna, III has an A+ rating by the BBB
Anthony Montagna, III has an A+ rating by the BBB

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″

  1. 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.
  2. 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 Montagna Law 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 Montagna Law.  We can discuss with you whether you may need a forensic toxicologist.  In any case, Montagna Law is here to help

A+ RATED BY THE BETTER BUSINESS BUREAU

Anthony L. Montagna, III  and the attorneys at Montagna Klein Camden L.L.P. are highly skilled Newport News, VA DUI lawyers.  We  have over 125 years of combined legal experience.   For your piece of mind, Anthony is A+ rated by the Better Business Bureau.

The Newport News, VA DUI lawyers at Montagna Klein Camden LLP have handled hundreds of DUI’s.  In Newport News, VA, client’s can visit Anthony at his office at the following address: 44302 Huntington Avenue, Newport News, Virginia 23607. The Norfolk office is two minutes from the Courthouses in Norfolk, Virginia at 425 Monticello Avenue, Suite A, Norfolk, VA 23510, and our Virginia Beach office is located at One Columbus Center, Suite 600, Virginia Beach, VA 23462 near Town Center.

HIGHLY RATED NEWPORT NEWS, VA DUI LAWYER:

Top DUI lawyers belong to reputable organizations and need to be highly rated in the community. Antony 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 top DUI Lawyer in Norfolk, Virginia Beach, Newport News, Chesapeake, Suffolk, Portsmouth or Hampton, VA, call Anthony Montagna, III, who is A+ rated by the Better Business Bureau.  Put a fighter in your corner.

BIO OF NEWPORT NEWS DUI LAWYER, ANTHONY MONTAGNA, III:

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.

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 18 and attends Hollins University.

FORMER PARTNER AT MONTAGNA & MONTAGNA, P.C.:

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.

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 27 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.

COMMITMENT TO CLIENTS AS ANEWPORT NEWS, VA DUI LAWYER:

“Practicing law since 1993, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed  to providing my Newport News, VA DUI/DWI 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 AS YOUR NEWPORT NEWS, VA DUI LAWYER

  1. PRACTICING LAW AND WINNING CASES SINCE 1993

  2. MEMEBER OF AMERICAN ASSOCIATION OF PREMIER DUI ATTORNEYS AND LISTED AS BEST OF THE BEST ATTORNEYS: 2020 TOP 10 DUI ATTORNEY

  3. TOUGH, DEDICATED, AND TRUSTWORTHY

HIGHLY SKILLED DUI LAWYERS IN NEWPORT NEWS, VA WHO YOU CAN TRUST

When you want a tough Newport News, VA DUI lawyer, you cannot go wrong calling Anthony Montagna, III. Anthony has been zealously representing civilian and military personnel in DUI cases for over 28 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

Montagna Law are Newport News DUI Lawyers helping military members
Montagna Law are Newport News DUI Lawyers helping military members

UNION WORKERS WELCOME

Anthony Montagna, III is a Newport News DUI lawyer who supports the United SteelWorkers
Anthony Montagna, III is a Newport News DUI lawyer who supports the United SteelWorkers
Anthony Montagna, III Newport News DUI lawyer who supports the Union of Bricklayers
Anthony Montagna, III Newport News DUI lawyer who supports the Union of Bricklayers
Anthony Montagna, III is a Newport News DUI lawyer who supports the Bridge Workers
Anthony Montagna, III is a Newport News DUI lawyer who supports the Bridge Workers
Anthony Montagna, III is a Newport News DUI lawyer who supports the ILA
Anthony Montagna, III is a Newport News DUI lawyer who supports the ILA
Anthony Montagna, III is a Newport News DUI lawyer who supports the Brotherhood of Electrical Workers
Anthony Montagna, III is a Newport News DUI lawyer who supports the Brotherhood of Electrical Workers
Anthony Montagna, III is a Newport News DUI lawyer who supports the Boilermakers
Anthony Montagna, III is a Newport News DUI lawyer who supports the Boilermakers

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?

  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.

Can you get a restricted license after a DUI conviction?  Yes.§ 18.2-270.1. Ignition interlock systems; penalty. (2021 updated section)

A. For purposes of this section and § 18.2-270.2:”Commission” means the Commission on VASAP. “Department” means the Department of Motor Vehicles. “Ignition interlock system” means a device that (i) connects a motor vehicle ignition system to an analyzer that measures a driver’s blood alcohol content; (ii) prevents a motor vehicle ignition from starting if a driver’s blood alcohol content exceeds 0.02 percent; and (iii) is equipped with the ability to perform a rolling retest and to electronically log the blood alcohol content during ignition, attempted ignition, and rolling retest.”Remote alcohol monitoring device” means an unsupervised mobile testing device with the ability to confirm the location and presence of alcohol in a person and that is capable of scheduled, random, and on-demand tests that provide immediate, or as-requested, results. A testing device may be worn or used by persons ordered by the court to provide measurements of the presence of alcohol in their blood.”Rolling retest” means a test of the vehicle operator’s blood alcohol content required at random intervals during operation of the vehicle, which triggers the sounding of the horn and flashing of lights if (i) the test indicates that the operator has a blood alcohol content which exceeds 0.02 percent or (ii) the operator fails to take the test.B. In addition to any penalty provided by law for a conviction under § 18.2-51.4 or clauses (i), (ii), or (iv) of § 18.2-266 or a substantially similar ordinance of any county, city, or town, any court of proper jurisdiction shall, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for any 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. In addition to any penalty provided by law for a conviction under clauses (iii) or (v) of § 18.2-266 or a substantially similar ordinance of any county, city, or town, any court of proper jurisdiction may, for a first offense, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for any 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. The court shall, as a condition of a restricted license for a conviction under § 18.2-51.4, a second or subsequent offense of § 18.2-266 or a substantially similar ordinance of any county, city, or town, or as a condition of license restoration pursuant to subsection C of § 18.2-271.1 or § 46.2-391, require that such a system be installed on each motor vehicle, as defined in § 46.2-100, owned by or registered to the offender, in whole or in part, for any period of time not less than six consecutive months without alcohol-related violations of the interlock requirements. Such condition shall be in addition to any purposes for which a restricted license may be issued pursuant to § 18.2-271.1. Whenever an ignition interlock system is required, the court may order the installation of an ignition interlock system to commence immediately upon conviction. A fee of $20 to cover court and administrative costs related to the ignition interlock system shall be paid by any such offender to the clerk of the court. The court shall require the offender to install an electronic log device with the ignition interlock system on a vehicle designated by the court to measure the blood alcohol content at each attempted ignition and random rolling retest during operation of the vehicle. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1 and to conditions established by regulation under § 18.2-270.2 by the Commission during the period for which the court has ordered installation of the ignition interlock system. The offender shall be further required to provide to such program, at least quarterly during the period of court ordered ignition interlock installation, a printout from such electronic log indicating the offender’s blood alcohol content during such ignitions, attempted ignitions, and rolling retests, and showing attempts to circumvent or tamper with the equipment. The period of time during which the offender (i) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the offender, in whole or in part, shall be calculated from the date the offender 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.C. However, upon motion of an offender, if (i) a conviction was under § 18.2-266 or a substantially similar ordinance of any county, city, or town; (ii) the conviction was for a first offense; (iii) the offender was an adult at the time of the offense; and (iv) the offender’s blood alcohol content was less than 0.15, the only restriction of a restricted license that the court shall impose is to prohibit the offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for not less than 12 consecutive months without alcohol-related violations of the interlock requirements.D. In any case in which the court requires the installation of an ignition interlock system, the court shall order the offender not to operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect. The clerk of the court shall file with the Department of Motor Vehicles a copy of the order, which shall become a part of the offender’s operator’s license record maintained by the Department. The Department shall issue to the offender for the period during which the interlock restriction is imposed a restricted license which shall appropriately set forth the restrictions required by the court under this subsection and any other restrictions imposed upon the offender’s driving privilege, and shall also set forth any exception granted by the court under subsection I.E. The court may, upon motion of an offender who is ineligible to receive a restricted license in accordance with subsection C, order that the offender (i) use a remote alcohol monitoring device for a period of time coextensive with the period of time of the prohibition imposed under subsection B and (ii) refrain from alcohol consumption during such period of time. Additionally, upon such motion and pursuant to § 18.2-271.1, the court may issue a restricted license to operate a motor vehicle for any purpose to a person who is prohibited from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system when such person is ordered to use a remote alcohol monitoring device pursuant to this subsection and has a functioning, certified ignition interlock system installed on each motor vehicle, as defined in § 46.2-100, owned by or registered to the offender, in whole or in part.A fee of $20 to cover court and administrative costs related to the remote alcohol monitoring device shall be paid by any such offender to the clerk of the court. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1 and shall comply with all conditions established by regulation under § 18.2-270.2 by the Commission during the period for which the court has ordered the use of a remote alcohol monitoring device. The offender shall be further required to provide to such program, at least quarterly during the period of time the offender is ordered to use a remote alcohol monitoring device, a copy of the data from such device indicating the offender’s blood alcohol content and showing attempts to circumvent or tamper with the device. The period of time during which the offender is required to use a remote alcohol monitoring device shall be calculated from the date the offender 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.

F. The offender shall be ordered to provide the appropriate ASAP program, within 30 days of the effective date of the order of court, proof of the installation of the ignition interlock system, and, if applicable, proof that the offender is using a remote alcohol monitoring device. The Program shall require the offender to have the system and device monitored and calibrated for proper operation at least every 30 days by an entity approved by the Commission under the provisions of § 18.2-270.2 and to demonstrate proof thereof. The offender shall pay the cost of leasing or buying and monitoring and maintaining the ignition interlock system and the remote alcohol monitoring device. Absent good cause shown, the court may revoke the offender’s driving privilege for failing to (i) timely install such system or use such device or (ii) have the system or device properly monitored and calibrated.

G. No person shall start or attempt to start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock system. No person shall tamper with, or in any way attempt to circumvent the operation of, an ignition interlock system that has been installed in the motor vehicle of a person under this section. Except as authorized in subsection I, no person shall knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to any person prohibited under subsection B from operating any motor vehicle that is not equipped with such system. A violation of this subsection is punishable as a Class 1 misdemeanor. The venue for the prosecution of a violation of this subsection shall be where the offense occurred or the jurisdiction in which the order entered pursuant to subsection B was entered.

H. No person shall tamper with, or in any way attempt to circumvent the operation of, a remote alcohol monitoring device that an offender is ordered to use under this section. A violation of this subsection is punishable as a Class 1 misdemeanor.

Any person who violates this subsection shall have his restricted license issued pursuant to subsection E, as it shall become effective on July 1, 2021, revoked. The court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle in accordance with the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1.

I. Any person prohibited from operating a motor vehicle under subsection B may, solely in the course of his employment, operate a motor vehicle that is owned or provided by his employer without installation of an ignition interlock system, if the court expressly permits such operation as a condition of a restricted license at the request of the employer; such person shall not be permitted to operate any other vehicle without a functioning ignition interlock system and, in no event, shall such person be permitted to operate a school bus, school vehicle, or a commercial motor vehicle as defined in § 46.2-341.4. This subsection shall not apply if such employer is an entity wholly or partially owned or controlled by the person otherwise prohibited from operating a vehicle without an ignition interlock system.

J. The Commission shall promulgate such regulations and forms as are necessary to implement the procedures outlined in this section.

1995, c. 486; 1996, c. 841; 1997, c. 691; 1998, cc. 783840; 1999, c. 734; 2000, cc. 958980; 2004, c. 961; 2007, c. 686; 2008, c. 862; 2012, cc. 141570; 2014, c. 707; 2017, c. 499; 2020, cc. 1295301007.

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

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

The address for the Newport News General District Court and Circuit Court is 2500 Washington Avenue, Newport News, Virginia 23607.

The presiding Judges in the Newport News General District court are the following:
  • Newport News-Civil General District Court
    • Hon. Michael S. Stein, Presiding Judge, Chief Judge
    • Hon. Tyneka L. D. Flythe, Presiding Judge
    • Hon. Matthew W. Hoffman, Presiding Judge

The Newport News General District Court-Criminal Division court schedule is the following:

Courtroom A
   Bond Hearings
   8:30 a.m., Mon. - Fri.
   Video Arraignments
   9:00 a.m., Mon. - Fri.
   Commonwealth Trials/City Trials
   10:00 a.m. & 11:00 a.m., Mon. - Fri.
   City Attorney Trials
   1:30 p.m., 4th Wed. of each month
Courtroom C
   Non Violent Commonwealth Trials
   9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m.,
     11:00 a.m. & 1:00 p.m., Wed.

The Newport News General District Court-Traffic Division court schedule is the following:
Courtroom B
   Video Arraignments
   8:30 a.m., Mon. - Fri.
   Commonwealth Arraignments
   9:00 a.m., Mon.
   Commonwealth Trials
   9:30 a.m., Mon.
   City Officer Trials/Violations of Probation
   9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m., 11:00 a.m.
     & 1:00 p.m., Mon. - Fri.
Courtroom C
   City Officer Trials/Violations of Probation
   8:30 a.m., 9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m.,
     11:00 a.m. & 1:00 p.m., Mon. & Fri.
   Commonwealth Arraignments
   9:00 a.m., Tues.
   Commonwealth Trials
   9:30 a.m., Tues.
   State Trooper Trials
   9:00 a.m., 10:00 a.m., 11:00 a.m. & 1:00 p.m., Tues. & Thurs.

The presiding Judges in the Newport News Circuit Court are the following:
  • Hon. C. Peter Tench, Presiding Judge, Chief Judge
  • Hon. Timothy S. Fisher, Presiding Judge
  • Hon. David F. Pugh, Presiding Judge
  • Hon. Bryant L. Sugg

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 Newport News, Virginia,  call a proven winner, Anthony Montagna, III. As successful Newport News DUI lawyers, Anthony Montagna, III and the other lawyers in the firm will fight for you and defend your rights.

CALL TODAY 757-380-8100

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A Few of the Clients We Have Helped

  • "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!"

    Sky B.
  • "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."

    Wesley F.
  • "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!"

    Tiara S.
  • "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."

    Jacob P.
  • "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."

    Cindy Williams
  • "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."

    Michael Moore
Tell Us About Your Experience With Attorney Anthony Montagna, III

Areas We Serve

Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg/James City County, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach and all of Virginia.

DUI, Reckless Driving, and Traffic, Divorce, Custody, and Criminal Law

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