DUI Lawyers Portsmouth VA

Tony-Montagna
Anthony Montagna is aggressive, skilled, and trial tested

ANTHONY MONTAGNA, III

  • WINNING DUI CASES SINCE 1993
  • THREE CONVENIENT LOCATIONS
  • 757-625-3500
  • TOUGH, DEDICATED, AND TRUSTWORTHY
  • PROVIDING UNPARALLED REPRESENTATION AS A SUFFOLK DUI LAWYER

MONTAGNA KLEIN CAMDEN LLP

  • OVER 175+ YEARS OF COMBINED LEGAL EXPERIENCE
  • A CLIENT FIRST LAW FIRM
  • TOUGH, SKILLED AND CARING

Martindale-Hubbell® Notable Rating Badge

AMERICAN ASSOCIATION OF DUI ATTORNEYS logo
Anthony Montagna, III is a member of AMERICAN ASSOCIATION OF DUI ATTORNEYS
Anthony Montagna, III is one of the 10 Best 2022
Anthony Montagna, III is one of the 10 Best 2022
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
Best of the Best: Anthony Montagna, III
Best of the Best: Anthony Montagna, III

THREE CONVENIENT LOCATIONS

Norfolk, VA:

425 Monticello Avenue, Suite A, Norfolk, VA 23510

757-625-3500

Newport News, VA:

4302 Huntington Avenue, Newport News, VA 23607

757-625-3500

Virginia Beach, VA:

One Columbus Center, Ste. 600, Virginia Beach, VA 23462

757-625-3500

Anthony L. Montagna, III, a highly skilled  DUI lawyer for cases in Portsmouth, VA, and his partners at Montagna Klein Camden, have over 175 years of combined legal experience.  The DUI lawyers at Montagna Klein Camden LLP for cases in Suffolk, VA have handled hundreds of DUI’s. Anthony’s Newport News office is conveniently located across the street from the shipyard  at 4302 Huntington Avenue, Newport News, Virginia 23607.  On the Southside in Norfolk, client’s can visit Anthony at his Norfolk office, 425 Monticello Avenue, Norfolk, Virginia 23510.  The Norfolk office is two minutes from the Courthouse in Norfolk, Virginia.  When you need a skilled DUI Lawyer in Portsmouth, VA, call Anthony Montagna, III, who is A+ rated by the Better Business Bureau.

PORTSMOUTH DUI LAWYERS EXPERIENCED IN DUI/DWI DEFENSES

If you were arrested for a DUI in Portsmouth, VA, you may be worried, scared, or uncertain of your future.  You may wonder if you will be going jail if you are convicted of DUI/DWI.  Your first step should be contacting Montagna Law, seasoned DUI lawyers.  We will explain the legal process to you, answer your questions, and provide you strong representation.

AT MONTAGNA LAW, WE ARE EXPERIENCED IN HANDLING DUI/DWI CASES IN NORFOLK, VA.  Additionally, in court for DUI/DWI cases, we argue against unreasonable stops, violations of the implied consent law, failure to follow the required procedures for breath and blood draws, and illegal arrests. Hire the highly professional Portsmouth DUI lawyer, Anthony Montagna, III, and put a fighter in your corner!

The Portsmouth DUI lawyers at Montagna Klein Camden LLP have handled hundreds of DUI’s.  When looking for a DUI lawyer in Portsmouth, VA, client’s can visit Anthony Montagna, III at his office,  425 Monticello Avenue, Suite A, Norfolk, Virginia 23510, which is only two minutes from the Courthouses in downtown Norfolk, VA.

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.

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 in knowing 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

HIGHLY RATED PORTSMOUTH DUI LAWYER LOCATED 

  • Top DUI lawyers belong to reputable organizations and need to be highly rated in the community. Anthony  Montagna, III 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 Montagna, III is also listed as one of “BEST OF THE BEST ATTORNEYS“-TOP 10: DUI DEFENSE LAW ATTORNEY.  As this highly respected organization states, “LAW PRACTICED AT A HIGHER STANDARD. Only .05% invited. Attorney dedication, hard work and excellence at its Best.”
  • Because Anthony Montagna, III is highly experienced, he has had the privilege as being selected as one of the three best DUI attorneys in Norfolk, Virginia with ThreeBestRated.com. Anthony is very proud of his selection and strives to practice law at the standard expected of him. 
  • Martindale Hubbell has also indicated that Anthony Montagna, III has been “PEER RATED FOR STRONG ETHICAL STANDARDS.”
  • OVER EIGHTY FIVE (85) GOOGLE FIVE (5) STAR REVIEWS 
  • A+ Rated by the Better Business Bureau.
Skilled Norfolk, VA DUI lawyers
Montagna Law has  skilled Portsmouth DUI lawyers

COSTS OF A DUI IN PORTSMOUTH, VA:

  1. ATTORNEY FEES
  2. TERMINATION OF EMPLOYMENT
  3. COURT FINES
  4. INCARCERATION COSTS
  5. COURT COSTS
  6. BAIL BONDSMAN  COSTS (USUALLY 10% OF BOND)
  7. ALCOHOL SAFETY ACTION PROGRAM (ASAP) FEES
  8. INSURANCE PREMIUM INCREASES
  9. INTERLOCK DEVICE COSTS
  10. CAR TOWING FEES
  11. CRIMINAL CONVICTION STIGMA
  12. ALTERNATIVE TRANSPORTATION COSTS WITH A LICENSE SUSPENSION

BIO OF PORTSMOUTH, VA DUI LAWYER, ANTHONY MONTAGNA, III

  • Anthony Montagna, III 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.

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, VA.

MY COMMITMENT TO CLIENTS SEEKING A PORTSMOUTH DUI LAWYER:

“Practicing law since 1993, I know each DUI case is different, and I provide personalized attention for each Portsmouth DUI client,” says Anthony. “I am committed  to providing my Portsmouth DUI clients with zealous and skillful representation. I know that my client’s DUI case is a serious concern, and I treat every DUI client in Portsmouth, VA like I would want my family treated. I am here to guide you through the complexities of your DUI case in Portsmouth, VA and to provide you simple, straightforward answers to your questions.”

Montagna Law are Norfolk DUI Lawyers
We fight DUI’s in Portsmouth, VA

DUI LAWYERS THINKING OUTSIDE OF THE BOX

For clients that have DUI’s in Portsmouth, VA, Anthony and all of the lawyers at Montagna Law strive to answer all questions, to provide regular updates and return all phone calls. If you want Portsmouth DUI lawyers who will think outside of the box, make your case a priority and work hard for you, Anthony and his Montagna Law team are the Portsmouth DUI lawyers for you.

Norfolk DUI lawyers
Portsmouth DUI lawyers helping you to stay calm after a DUI charge

THREE REASONS TO SELECT ANTHONY MONTAGNA, III WHEN LOOKING AT PORTSMOUTH DUI LAWYERS:

1. When you consider hiring an attorney, know that Anthony is here to help you. As a Portsmouth DUI lawyer, he is uniquely qualified to handle your simplest or most complex dui legal matter. Anthony will fight for you in court to ensure that your rights and entitlements are fully protected. He is only satisfied when you are satisfied and amazes people with his quick response to telephone and email requests.

2. Anthony practiced law with his father for over 20 years before he joined Montagna Klein Camden LLP. Anthony’s father was a retired Captain from the Naval Reserves and former Judge Advocate General (JAG). Anthony Montagna, Jr. taught Anthony everything about DUI’S.

3. Since 1993, Anthony has defended military and civilian individuals charged with DUI and  serious crimes. He has won countless driving under the influence, reckless driving and traffic cases. As an attorney who has successfully represented individuals charged with murder, abduction, strangulation, rape, robbery, and drug crimes, Anthony is well known for his aggressive representation and complete preparation in defending his clients. Additionally, Anthony has successfully obtained large settlements and trial verdicts for his clients, who were injured in serious automobile, motorcycle, and trucking accidents. When you need a Portsmouth DUI lawyer who thinks outside of the box and obtains great results, call Anthony today.

HIGHLY SKILLED DUI LAWYERS, WHO YOU CAN TRUST

  • When you are looking at Portsmouth DUI lawyers to represent you for your DUI/DWI, you cannot go wrong calling Anthony Montagna, III and the lawyers at the firm. Anthony has been zealously representing civilian and military personnel in Portsmouth, VA 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.
  • Anthony will provide exceptional representation and will make sure that every possible DUI/DWI defense is explored.

MILITARY WELCOME

Norfolk DUI Lawyers helping military members
Portsmouth DUI Lawyers Helping Military Members

UNION WORKERS WELCOME

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When someone is charged with a DUI in Portsmouth, Virginia, 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. When you sit down with Anthony at his office at 325 Monticello Avenue, Suite A, Norfolk, VA 23510, he will allay your worries and concerns.

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).

  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 MY 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 is 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 IS A REFUSAL CHARGE?  It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 of VA Code, 1959, as amended, or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by § 18.2-268.2.

§ 18.2-268.3. Refusal of tests; penalties; procedures:

A. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by § 18.2-268.2, and any person who so unreasonably refuses is guilty of a violation of this subsection, which is punishable as follows:

1. A first violation is a civil offense. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor. A conviction under this subdivision shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment of conviction. This revocation period is in addition to the suspension period provided under § 46.2-391.2.

B. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this subsection, which is a civil offense and is punishable as follows:

1. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment. This revocation period is in addition to the suspension period provided under § 46.2-391.2.

C. When a person is arrested for a violation of § 18.2-51.418.2-266, or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court (i) that a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) of the civil penalties for unreasonable refusal to have blood or breath or both blood and breath samples taken, and (v) of the criminal penalty for unreasonable refusal to have breath samples taken within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal, which is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

D. The arresting officer shall, under oath before the magistrate, execute the form and certify (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection C to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection C read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under subsection A or any offense under subsection B shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

E. A defendant who is found guilty of a first offense and whose license is suspended pursuant to subdivision A 1 or B 1 may petition the court 30 days after the date of conviction for a restricted license and the court may, for good cause shown, provide that the defendant is issued a restricted license during the remaining period of suspension, or any portion thereof, for any of the purposes set forth in subsection E of § 18.2-271.1. 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.). If the court grants such petition and issues the defendant a restricted license, the court shall order (i) that reinstatement of the defendant’s license to drive be conditioned upon (a) 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 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 and (b) the requirement that such person not operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect and (ii) that, as a condition of probation or otherwise, the defendant 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 conducted 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 that 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. 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.

If the court grants a restricted license to any person pursuant to this section, the court shall order such person to surrender his driver’s license 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. This order 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 such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. The period of time during which the person is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system 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. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 18.2-272. The provisions of subsection F of § 18.2-271.1 shall apply to this subsection mutatis mutandis, except as herein provided.

F. Notwithstanding any other provisions of this section or of § 18.2-271.1, 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 DUI PRESUMPTIONS?

§ 18.2-269. Presumptions from alcohol or drug content of blood

A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii), or (iv) of § 18.2-266 or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12 or (ii) performed by the Department of Forensic Science in accordance with the provisions of §§ 18.2-268.518.2-268.6, and 18.2-268.7 on the suspect’s whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:1. If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused’s blood or 0.05 grams or less per 210 liters of the accused’s breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;2. If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused’s blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused’s breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;3. If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or4. If there was at that time an amount of the following substances at a level that is equal to or greater than: (i) 0.02 milligrams of cocaine per liter of blood, (ii) 0.1 milligrams of methamphetamine per liter of blood, (iii) 0.01 milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.
B. The provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24.

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 SOME OF THE INTERLOCK DEVICES?

ALCOLOCK:   WR2 and LR

Drager:   XT 7000

Intoxalock:  1001A
Pending

LifeSafer:   FC100  and L250

Smart Start:   2020, 2030, and  235

WHAT ARE SOME OF THE 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 in Portsmouth, VA, please follow THIS 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
WHEN YOU HAVE THE DIFFICULT CHOICE OF SELECTING A PORTSMOUTH DUI LAWYER,  CALL A PROVEN WINNER, ANTHONY MONTAGNA, III. AS  EXPERIENCED PORTSMOUTH DUI LAWYERS, ANTHONY MONTAGNA, III AND THE LAWYERS AT THE FIRM WILL FIGHT FOR YOU AND DEFEND YOUR RIGHTS.

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

 The presiding Judges in the Portsmouth General District court are the following:
  • Hon. Douglas B. Ottinger, Presiding Judge, Chief Judge
  • Hon. Roxie O. Holder, Presiding Judge
  • Hon. Morton V. Whitlow, Presiding Judge

The Portsmouth General District Court schedule is the following:

Traffic: Mon. - Thurs.
   Mon. - Thurs.
   8:30 a.m., In Custody Arraignments
   Mon., Tues., Wed., & Thurs.
   9:00 a.m., 11:00 a.m., & 2:00 p.m. - Trials
   Fri.
   8:00 a.m.,Out of Custody Arraignments
   8:30 a.m., TEC, DIP and In Custody Arraignments
   9:00 a.m., ASAP Violations
The presiding Judges in the Portsmouth Circuit Court are the following:
  • Hon. Johnny E. Morrison, Presiding Judge, Chief Judge
  • Hon. James C. Hawks, Presiding Judge
  • Hon. Kenneth R. Melvin, Presiding Judge
  • Hon. William S. Moore Jr.
If you seek information about your case in Portsmouth, please follow this link.

When you have the difficult choice of selecting an attorney for a DUI in Portsmouth, Norfolk, Virginia Beach, or anywhere in Hampton Roads, call a proven winner, Anthony Montagna, III. As  top Portsmouth DUI lawyers, Anthony Montagna, III and the lawyers at Montagna Law will fight for you and defend your rights.

 

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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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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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