DUI LAWYERS NEWPORT NEWS VA
ANTHONY L. MONTAGNA, III
WINNING DUI CASES FOR 26 YEARS
TOUGH, SKILLED, AND TRUSTWORTHY
WELL KNOWN IN THE COMUNITY
4302 HUNTINGTON AVENUE, NEWPORT NEWS, VA 23607
MONTAGNA KLEIN CAMDEN LLP
175+ YEARS OF COMBINED LEGAL EXPERIENCE
A CLIENT FIRST LAW FIRM
Anthony L. Montagna, III, one of the preeminent Newport News DUI lawyers, and the other lawyers at the firm of Montagna Klein Camden have over 175 years of combined legal experience. The Newport News 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 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.
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 dispositions are the following:
- DUI with a B.A.C. of .24: DISMISSED
- Client charged with DUI and Refusal: Client pled 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-Drugs: Client guilty of Reckless Driving
- Client charged with DUI-First Offense and DUI-Second Offense on same day an in front of same Judge: Both charges DISMISSED
- Client charged with DUI-Second Offense: Client guilty of Reckless Driving
- Client charged with DUI and Refusal: Both charges DISMISSED
- Client charged with DUI and Refusal: Client found Not Guilty
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 175 years of combined legal experience.
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.
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.
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 16 and attends Norfolk Academy.
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:
“With over 27 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
OVER 27 YEARS PRACTICING LAW AND WINNING CASES
MEMEBER OF AMERICAN ASSOCIATION OF PREMIER DUI ATTORNEYS AND LISTED AS BEST OF THE BEST ATTORNEYS: 2020 TOP 10 DUI ATTORNEY
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 27 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.
UNION WORKERS WELCOME
AREAS WE SERVE:
- NEWPORT NEWS
- YORK COUNTY
- NEW KENT COUNTY
- WILLIAMSBURG/JAMES CITY COUNTY
- 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.
- 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.
§ 18.2-271.1. Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law.
A. Any person convicted of a first or second offense of § 18.2-266, or any ordinance of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24, shall be required by court order, as a condition of probation or otherwise, to 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 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 which 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. However, any person charged with a violation of a first or second offense of § 18.2-266, or any ordinance of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24, may, at any time prior to trial, enter into an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district. Any person who enters into such program prior to trial may pre-qualify with the program to have an ignition interlock system installed on any motor vehicle owned or operated by him. However, no ignition interlock company shall install an ignition interlock system on any such vehicle until a court issues to the person a restricted license with the ignition interlock restriction.
B. 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.
C. Upon conviction of a violation of § 18.2-266 or any ordinance of a county, city or town similar to the provisions thereof, or subsection A of § 46.2-341.24, the court shall impose the sentence authorized by § 18.2-270 or 46.2-341.28 and the license revocation as authorized by § 18.2-271. In addition, if the conviction was for a second offense committed within less than 10 years after a first such offense, the court shall order that restoration of the person’s license to drive be conditioned upon 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 six months beginning at the end of the three year license revocation, unless such a system has already been installed for six months prior to that time pursuant to a restricted license order under subsection E. Upon a finding that a person so convicted is required to participate in the program described herein, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to such program. The court may then proceed to issue an order in accordance with subsection E, if the court finds that the person so convicted is eligible for a restricted license. If the court finds good cause for a person not to participate in such program or subsequently that such person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered, in which event the revocation provisions of § 46.2-389 and subsection A of § 46.2-391 shall be applicable to the conviction. The court shall, upon final disposition of the case, send a copy of its order to the Commissioner of the Department of Motor Vehicles. If such order provides for the issuance of a restricted license, the Commissioner of the Department of Motor Vehicles, upon receipt thereof, shall issue a restricted license. The period of time during which the person (i) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system, (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the person, in whole or in part, or (iii) is required to use a remote alcohol monitoring device 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. Appeals from any such disposition shall be allowed as provided by law. The time within which an appeal may be taken shall be calculated from the date of the final disposition of the case or any motion for rehearing, whichever is later.
D. Any person who has been convicted under the law of another state or the United States of an offense substantially similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24, and whose privilege to operate a motor vehicle in this Commonwealth is subject to revocation under the provisions of § 46.2-389 and subsection A of § 46.2-391, may petition the general district court of the county or city in which he resides that he be given probation and assigned to a program as provided in subsection A and that, upon entry into such program, he be issued an order in accordance with subsection E. If the court finds that such person would have qualified therefor if he had been convicted in this Commonwealth of a violation of § 18.2-266 or subsection A of § 46.2-341.24, the court may grant the petition and may issue an order in accordance with subsection E as to the period of license suspension or revocation imposed pursuant to § 46.2-389 or subsection A of § 46.2-391. The court (i) shall, as a condition of a restricted license, prohibit such person from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system 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 interlock requirements, and (ii) may, upon request of such person and as a condition of a restricted license, require such person to use a remote alcohol monitoring device in accordance with the provisions of subsection E of § 18.2-270.1, as it shall become effective on July 1, 2021. Such order shall be conditioned upon the successful completion of a program by the petitioner. If the court subsequently finds that such person has violated any of the conditions set forth by the court, the court shall dispose of the case as if no program had been entered and shall notify the Commissioner, who shall revoke the person’s license in accordance with the provisions of § 46.2-389 or subsection A of § 46.2-391. A copy of the order granting the petition or subsequently revoking or suspending such person’s license to operate a motor vehicle shall be forthwith sent to the Commissioner of the Department of Motor Vehicles. The period of time during which the person (a) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (b) is required to use a remote alcohol monitoring device 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.
No period of license suspension or revocation shall be imposed pursuant to this subsection which, when considered together with any period of license suspension or revocation previously imposed for the same offense under the law of another state or the United States, results in such person’s license being suspended for a period in excess of the maximum periods specified in this subsection.
E. Except as otherwise provided herein, whenever a person enters a certified program pursuant to this section, and such person’s license to operate a motor vehicle, engine or train in the Commonwealth has been suspended or 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 for any of the following purposes: (i) travel to and from his place of employment; (ii) travel to and from an alcohol rehabilitation or safety action program; (iii) travel during the hours of such person’s employment if the operation of a motor vehicle is a necessary incident of such employment; (iv) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (v) travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person’s household with a serious medical problem upon written verification of need by a licensed health professional; (vi) travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers; (vii) travel to and from court-ordered visitation with a child of such person; (viii) travel to a screening, evaluation and education program entered pursuant to § 18.2-251 or subsection H of § 18.2-258.1; (ix) travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation; (x) travel to and from a place of religious worship one day per week at a specified time and place; (xi) travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in an administrative or court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person; (xii) travel to and from jail to serve a sentence when such person has been convicted and sentenced to confinement in jail and pursuant to § 53.1-131.1 the time to be served is on weekends or nonconsecutive days; (xiii) travel to and from the facility that installed or monitors the ignition interlock in the person’s vehicle; (xiv) travel to and from a job interview for which he maintains on his person written proof from the prospective employer of the date, time, and location of the job interview; or (xv) travel to and from the offices of the Virginia Employment Commission for the purpose of seeking employment. However, (a) any such person who is eligible to receive a restricted license as provided in subsection C of § 18.2-270.1 or (b) any such person ordered to use a remote alcohol monitoring device pursuant to subsection E of § 18.2-270.1, as it shall become effective on July 1, 2021, who has a functioning, certified ignition interlock system as required by law may be issued a restricted permit to operate a motor vehicle for any lawful purpose. 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.). The court shall order the surrender of such person’s license to operate a motor vehicle 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, which 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 the person so convicted who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, if the order provides for a restricted license for that time period. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 18.2-272. Such restricted license shall be conditioned upon enrollment within 15 days in, and successful completion of, a program as described in subsection A. No restricted license shall be issued during the first four months of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described therein committed within 10 years of a first such offense. No restricted license shall be issued during the first year of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described therein committed within five years of a first such offense. No restricted license shall be issued during any revocation period imposed pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391. Notwithstanding the provisions of § 46.2-411, the fee charged pursuant to § 46.2-411 for reinstatement of the driver’s license of any person whose privilege or license has been suspended or revoked as a result of a violation of § 18.2-266, subsection A of § 46.2-341.24 or of any ordinance of a county, city or town, or of any federal law or the laws of any other state similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24 shall be $105. Forty dollars of such reinstatement fee shall be retained by the Department of Motor Vehicles as provided in § 46.2-411, $40 shall be transferred to the Commission on VASAP, and $25 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund.
F. The court shall have jurisdiction over any person entering such program under any provision of this section until such time as the case has been disposed of by either successful completion of the program, or revocation due to ineligibility or violation of a condition or conditions imposed by the court, whichever shall first occur. Revocation proceedings shall be commenced by notice to show cause why the court should not revoke the privilege afforded by this section. Such notice shall be made by first-class mail to the last known address of such person, and shall direct such person to appear before the court in response thereto on a date contained in such notice, which shall not be less than 10 days from the date of mailing of the notice. Failure to appear in response to such notice shall of itself be grounds for revocation of such privilege. Notice of revocation under this subsection shall be sent forthwith to the Commissioner of the Department of Motor Vehicles.
G. For the purposes of this section, any court which has convicted a person of a violation of § 18.2-266, subsection A of § 46.2-341.24 or any ordinance of a county, city or town similar to the provisions of § 18.2-266 shall have continuing jurisdiction over such person during any period of license revocation related to that conviction, for the limited purposes of (i) referring such person to a certified alcohol safety action program, (ii) providing for a restricted permit for such person in accordance with the provisions of subsection E, and (iii) imposing terms, conditions and limitations for actions taken pursuant to clauses (i) and (ii), whether or not it took either such action at the time of the conviction. This continuing jurisdiction is subject to the limitations of subsection E that provide that no restricted license shall be issued during a revocation imposed pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391 or during the first four months or first year, whichever is applicable, of the revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391. The provisions of this subsection shall apply to a person convicted of a violation of § 18.2-266, subsection A of § 46.2-341.24 or any ordinance of a county, city or town similar to the provisions of § 18.2-266 on, after and at any time prior to July 1, 2003.
H. The State Treasurer, the Commission on VASAP or any city or county is authorized to accept any gifts or bequests of money or property, and any grant, loan, service, payment or property from any source, including the federal government, for the purpose of driver alcohol education. Any such gifts, bequests, grants, loans or payments shall be deposited in the separate fund provided in subsection B.
I. The Commission on VASAP, or any county, city, town, or any combination thereof may establish and, if established, shall operate, in accordance with the standards and criteria required by this subsection, alcohol safety action programs in connection with highway safety. Each such program shall operate under the direction of a local independent policy board chosen in accordance with procedures approved and promulgated by the Commission on VASAP. Local sitting or retired district court judges who regularly hear or heard cases involving driving under the influence and are familiar with their local alcohol safety action programs may serve on such boards. The Commission on VASAP shall establish minimum standards and criteria for the implementation and operation of such programs and shall establish procedures to certify all such programs to ensure that they meet the minimum standards and criteria stipulated by the Commission. The Commission shall also establish criteria for the administration of such programs for public information activities, for accounting procedures, for the auditing requirements of such programs and for the allocation of funds. Funds paid to the Commonwealth hereunder shall be utilized in the discretion of the Commission on VASAP to offset the costs of state programs and local programs run in conjunction with any county, city or town and costs incurred by the Commission. The Commission shall submit an annual report as to actions taken at the close of each calendar year to the Governor and the General Assembly.
J. Notwithstanding any other provisions of this section or of § 18.2-271, 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.).
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
WHAT ARE SOME LINKS FOR THE NHTSA (NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION) TRAINING MANUALS:
- DWI DETECTION – INSTRUCTOR MANUAL
- DWI DETECTION – PARTICIPANT MANUAL
- DWI DETECTION REFRESHER – INSTRUCTOR MANUAL
- 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.
- 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