Anthony Montagna answers questions for Norfolk DUI lawyers. This page provides DUI information as provided by the Code of Virginia. This page is not intended to answer all questions. For specific information about your situation, you should speak with a one of the top Norfolk DUI lawyers, Anthony Montagna. Anthony has handled hundreds of DUI’s over his 22 years of experience. He represents military men and women, students, seniors, and union workers. Anthony Montagna has over 100 years of combined legal experience and represents individuals in every type of traffic offense. Some of our frequent cases involve DUI, reckless driving, hit and run, attempt to elude, driving on a suspended license, driving after being declared a habitual offender, refusal to submit to breathalyzer, DUI related manslaughter and speeding.
Third Offense within 10 years:
Fourth or Subsequent Offense within 10 years:
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).
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. I was charged with driving on a suspended license, what do I do?
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
"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!"
"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."
"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!"
"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."
"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."
"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."
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