| Blood Alcohol Concentration (BAC) in g/dL | Typical Effects | Predictable Effects on Driving |
|---|---|---|
| .02 | Some loss of judgment; relaxation, slight body warmth, altered mood | Decline in visual functions (rapid tracking of a moving target), decline in ability to perform two tasks at the same time (divided attention) |
| .05 | Exaggerated behavior, may have loss of small-muscle control (e.g., focusing your eyes), impaired judgment, usually good feeling, lowered alertness, release of inhibition | Reduced coordination, reduced ability to track moving objects, difficulty steering, reduced response to emergency driving situations |
| .08 | Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing), harder to detect danger; judgment, self-control, reasoning, and memory are impaired | Concentration, short-term memory loss, speed control, reduced information processing capability (e.g., signal detection, visual search), impaired perception |
| .10 | Clear deterioration of reaction time and control, slurred speech, poor coordination, and slowed thinking | Reduced ability to maintain lane position and brake appropriately |
| .15 | Far less muscle control than normal, vomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol), major loss of balance | Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing |
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DUI Lawyers Newport News VA
Table of Contents
Table of Contents
ANTHONY L. MONTAGNA, III
- WINNING DUI CASES AND PROVIDING UNMATCHED LEGAL REPRESENTATION SINCE 1993
- MILITARY, UNION, TEACHER, SENIOR, AND FIRST RESPONDER DISCOUNTS
- PAYMENT PLANS
- A TOUGH, SKILLED, AND TRUSTWORTHY NEWPORT NEWS, VA DUI LAWYER
- WELL KNOWN IN THE COMMUNITY
- 4302 HUNTINGTON AVENUE, SUITE A, NEWPORT NEWS, VA 23607
- 757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY) or 757-622-8173
- FOLLOW THIS LINK TO SEE MY GOOGLE REVIEWS
MONTAGNA NEWPORT NEWS DUI LAW
- A CLIENT FIRST LAW FIRM
- WE TREAT YOU LIKE FAMILY
- WHEN YOU ARE DOWN, WE LIFT YOU UP
WHAT SOME CLIENTS SAY ABOUT ATTORNEY ANTHONY MONTAGNA, III
- “Thanks to Mr. Anthony Montagna and his team for getting my case dismissed today. I really appreciate it”
- “He is absolutely one of the best lawyers you could ask for! Very friendly and understanding! If you need assistance he is always there to lend that helping hand! He cares for his clients he isn’t just a guy after money like most people you come in contact with. I can’t thank him enough for all the help!
- “Went into court with a DUI, refusal charge, and driving on suspended 3rd offense. Mr. Montagna let me know exactly what he was doing and what the possibilities were every step of the way. He offered competitive prices and did not sale me a dream. Being straight forward with me gave me the opportunity to make informed decisions throughout the case. Thanks to Mr. Montagna I had all three of my charges DISMISSED. The staff from the time I walked in the door was amazing and made me feel welcomed. Thank you again to Mr. Montagna and staff for everything!”
-
“Anthony Montagna was a huge help, He took his time and spoke personally with me on my case and he got me the best results on my case. I highly recommend!!”
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:
- DUI and Reckless Driving with a B.A.C. of .90 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION
- DUI with a B.A.C. of .24: DISMISSED: Attorney Montagna had the case dismissed on a unique technicality.
- DUI AND REFUSAL: REFUSAL Nolle Prosequi (Dismissed without Prejudice) and DUI reduced to Reckless Driving: Attorney Montagna convinced the prosecutor of the problems with the case.
- DUI-2ND OFFENSE AND REFUSAL: Both charges Nolle Prosequi (Dismissed without Prejudice): Attorney Montagna was able to convince the prosecutor of a weakness in the case.
- DUI: GUILTY OF RECKLESS DRIVING: Attorney Montagna showed the prosecutor the problems with the case.
- DUI-Drugs: GUILTY OF RECKLESS DRIVING: Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI, Second offense: Guilty of Reckless Driving: Attorney Montagna showed the prosecutor the problems with the case.
- DUI: Guilty of Reckless Driving: Attorney Montagna convinced the prosecutor of the problems with the case.
- Client charged with DUI: Guilty of Wet Reckless Driving: Attorney Montagna convinced the prosecutor of the problems with the case.
- Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED – Attorney Montagna was able to convince the Court that the police officer did not have a reasonable basis to stop his client’s vehicle.
- DUI and Refusal: DISMISSED – Attorney Montagna was able to convince the Court that there was not enough evidence to show that his client was guilty beyond a reasonable doubt.
- Client charged with DUI and Refusal: Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance. Attorney Montagna convinced the prosecutor of the problems with the case.
- Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED – Attorney Montagna was able to convince the Court that there was not enough evidence to show that his client was guilty beyond a reasonable doubt.
- DUI-Second Offense: Client guilty of DUI-First Offense, no active jail time
- Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED – In the first case, attorney Montagna was able to show that the operation of the vehicle occurred on private property for which the certificate of analysis was suppressed. Client did well on field tests. Attorney Montagna was able to convince the Court that there was not enough evidence to show that his client was guilty beyond a reasonable doubt. In the second case, Attorney Montagna was able to convince the Court that the police officer did not have a reasonable basis to stop his client’s vehicle.
- Client charged with DUI-First Offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail. All jail time suspended. Attorney Montagna convinced the prosecutor of the problems with the case
Newport News, VA:
4302 Huntington Avenue, Suite A, Newport News, VA 23607
757-625-3500 (To reach Anthony Montagna, III 24 hours a day) or 757-622-8173
WHEN EXPERIENCE MATTERS, CALL US
Anthony L. Montagna, III, a highly seasoned Newport News, VA DUI lawyer, and the other lawyers at the firm have over 125 years of combined legal experience. The Newport News DUI lawyers at Montagna Newport News DUI Defense Law have handled hundreds of DUI’s and other serious traffic charges. Anthony’s Newport News office is conveniently located across the street from the Newport News Shipyard at 4302 Huntington Avenue, Suite A, 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.
A+ RATED BY THE BETTER BUSINESS BUREAU
Anthony L. Montagna, III and the attorneys at Montagna Law are highly skilled Newport News, VA DUI lawyers. We have over 125 years of combined legal experience. For your piece of mind, Anthony is A+ rated by the Better Business Bureau. The Newport News, VA DUI lawyers at Anthony’s firm have handled hundreds of DUI’s. In Newport News, VA, client’s can visit Anthony at his office at the following address: 4302 Huntington Avenue, Suite A, Newport News, Virginia 23607.
HIGHLY RATED NEWPORT NEWS, VA DUI LAWYER:
Top DUI lawyers belong to reputable organizations and need to be highly rated in the community. Antony is a member of the American Association of Premier DUI Attorneys. This organization allows Anthony access to successful defense strategies and information utilized by attorneys across the country. Anthony is also listed as one of the three best DUI attorneys in Norfolk, Virginia with ThreeBestRated.com. When you need a top DUI Lawyer in Norfolk, Virginia Beach, Newport News, Chesapeake, Suffolk, Portsmouth or Hampton, VA, call Anthony Montagna, III, who is A+ rated by the Better Business Bureau. Put a fighter in your corner.
BIO OF NEWPORT NEWS DUI LAWYER, ANTHONY MONTAGNA, III:
Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, he and his family moved to Norfolk, Virginia, his father’s home town.
Anthony graduated from Norfolk Academy in Norfolk, VA in 1986. After graduation, he attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List.
After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993. Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C. in Norfolk, VA.
In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family. He particularly enjoys spending time with his daughter, Phoebe, who is 19 and attends Hollins University.
FORMER PARTNER AT MONTAGNA & MONTAGNA, P.C.:
As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law. Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation , 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 help you get a more desirable result. He has been involved in the law for over 27 years and is well known for his knowledge of the law and familiarity with the judges in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads, VA.
COMMITMENT TO CLIENTS AS ANEWPORT NEWS, VA DUI LAWYER:
“Practicing law since 1993, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed to providing my Newport News, VA DUI/DWI clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”
THREE REASONS TO SELECT ANTHONY MONTAGNA, III AS YOUR NEWPORT NEWS, VA DUI LAWYER
- PRACTICING LAW AND WINNING CASES SINCE 1993
- MEMEBER OF AMERICAN ASSOCIATION OF PREMIER DUI ATTORNEYS AND LISTED AS BEST OF THE BEST ATTORNEYS: 2022 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 28 years. Anthony has the knowledge, skill, and compassion to obtain the most favorable dispositions for his clients. Anthony will carefully explain all the elements and penalties of a DUI and will “walk with you every step of the way” during the course of his representation of you.
MILITARY WELCOME
UNION WORKERS WELCOME
AREAS WE SERVE:
- NORFOLK
- NEWPORT NEWS
- HAMPTON
- YORK COUNTY
- NEW KENT COUNTY
- WILLIAMSBURG/JAMES CITY COUNTY
- SUFFOLK
- CHESAPEAKE
- PORTSMOUTH
- VIRGINIA BEACH
- ACCOMAC COUNTY
- NORTHAMPTON COUNTY
- SOUTHAMPTON COUNTY
IMPAIRED DRIVING IS A NATIONAL PROBLEM – PLEASE DO NOT BECOME A STATISTIC
Pursuant to “Impaired Driving: Get the Facts” from the Centers for Disease Control and Prevention, “Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver.1 This is one death every 50 minutes.1 The annual cost of alcohol-related crashes totals more than $44 billion.2″
- National Highway Traffic Safety Administration. Traffic Safety Facts 2016 data: alcohol-impaired driving. U.S. Department of Transportation, Washington, DC; 2017 Available at: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812450external icon Accessed 16 April 2018.
- Blincoe LJ, Miller TR, Zaloshnja E, Lawrence BA. National Highway Traffic Safety Administration. The economic and societal impact of motor vehicle crashes, 2010. (Revised). U.S. Department of Transportation, Washington, DC; 2015. Available at: http://www-nrd.nhtsa.dot.gov/pubs/812013.pdfpdf iconexternal icon. Accessed 16 April 2018.
Impaired driving, DUI, and DWI are serious problems. If you have a drinking or drug problem, get help. If you find yourself charged with DUI or DWI, rest comfortably that Montagna Defense Attorneys 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 Defense Attorneys. We can discuss with you whether you may need a forensic toxicologist. In any case, Montagna Defense Attorneys is here to help
WHAT IS A DUI?
- What are the intoxicated related offenses? Driving While intoxicated Section 18.2-266 Five ways to convict:
- While a person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided under Article
- While under the influence of alcohol
- While under the influence of any narcotic or self administered intoxicant or drug to which it impairs the person’s ability to drive safely.
- While a person is under the combined influence of alcohol and drugs that impairs his ability to operate a motor vehicle.
- While such a person has a blood concentration of any of the following substances at a level that is equal to or greater than 0.02 milligrams of cocaine per liter of blood, 0.1 milligrams of methamphetamine per liter of blood, 0.01 milligrams of phencyclidine per liter of blood, or 0.1 milligrams of 3,4 methylenedioxymethamphetamine per liter of blood.
First Offense:
- A class I misdemeanor, up to 12 months in jail and a $2500.00 fine, with a mandatory minimum fine of $250.00. If the defendant’s BAC is at least .15 but not more than .20, the defendant must serve a mandatory minimum sentence of five days. If the BAC is more than .20, the defendant must serve a mandatory minimum 10 day jail sentence.
- Defendant must complete Virginia Alcohol Safety Action Program (ASAP), if ordered.
- Suspension of driver’s license for 12 months, with court discretion for a restricted driver’s license.
- If the BAC was .15 or more, installation of an ignition interlock system is mandated for a minimum of six months on any vehicle registered to or owned by the defendant.
Second Offense:
- Within 5 years: a Class I misdemeanor and a mandatory minimum fine of $500 and a jail sentence not less than one month, with a mandatory minimum jail sentence of 20 days; if the BAC is at least .15 but not more than .20, an additional 10 days is added to the mandatory minimum sentence; if the BAC is more than .20, the additional mandatory jail sentence is 20 days.
- Within 5 to 10 years: a Class I misdemeanor and a mandatory minimum fine of $500.00 and a jail sentence of not less than one month with a mandatory minimum jail sentence of 10 days; if the BAC is at least .15 but not more than .20, the defendant must serve an additional mandatory jail sentence of 10 days and the total mandatory fine is $1000.00; if the BAC is more than .20, the defendant must serve an additional mandatory jail sentence of 20 days and the total mandatory fine is $1000.00.
- Driver’s license suspended for three years.
- Restricted license may be obtained after four months, if second offense occurred between 5 and 10 years ago.
- Restricted license may be obtained after 1 year if second offense is within 5 years.
- All restricted licenses require ignition interlock system for a period of time not to exceed the period of license suspension and restriction, but not less than 6 months.
Third Offense within 10 years:
- A Class VI felony, up to 5 years in the penitentiary and a $2,500.00 fine
- If third offense is within 5 years, mandatory minimum $1,000.00 fine and mandatory minimum jail sentence of 6 months
- Mandatory minimum jail sentence of 90 days, if not within 5 years
- Indefinite license suspension.
Fourth or Subsequent Offense within 10 years:
- Class VI felony, mandatory minimum sentence of 1 year and $1,000.00 fine.
DUI QUESTIONS:
What are field sobriety tests? They are used to assist officers in evaluating whether an individual is impaired. The most common field tests are: Horizontal Gaze Nystagmus (HGN), nose touch, alphabet, one leg stand, walk and turn, and preliminary breath test (PBT).
- HGN: measures involuntary jerking of eyes.
- Nose touch: touching nose with finger.
- Alphabet: reciting alphabet from A to Z or from any letter to another, without singing.
- Standing on one foot with other foot raised six inches off the ground for 30 seconds.
- Walk and turn: walking nine steps, up and back, on a real or imaginary line.
- PBT: not admissible at trial, but may be offered at suppression hearings to justify probable cause; a small hand held breath testing device.
The police officer never told me of my rights, is that Ok? A police officer is not required to Mirandize everyone. An individual must only be advised of his rights if he is in custody and questioned by the police. Generally, a police officer does not need to advise an individual of his rights if he is stopped only for an investigative detention. However, the police officer must have stopped the individual based on a reasonable, articulable suspicion. What is implied consent? If you drive a motor vehicle on a highway, as defined in the code, that you agree to submit to the breathalyzer or blood test to determine the presence of alcohol or drugs.
What are the approved interlock devices?
ALCOLOCK: WR2 LR Drager: XT 7000 Intoxalock: 1001A Pending LifeSafer: FC100 L250 Smart Start: 2020 2030 701
What are some frequently asked ASAP questions?
1. How long will I be under ASAP supervision? You will be under ASAP supervision for the entire term the court imposes which varies from case to case.
2. Is ASAP a 10-week class only? No, while a 10-week education class may be one required component of ASAP probation, supervision monitoring, ignition interlock monitoring, substance abuse treatment (if required) and any special conditions ordered by the court may apply.
3. Can I transfer to another ASAP? Yes, under certain circumstances you may be able to transfer to another ASAP. You will need to contact your ASAP case manager for this request.
4. Can I bring family or friends with me to the ASAP classes? No, family members and friends are not permitted in the ASAP class.
5. What happens if I miss an ASAP class? ASAP class attendance is mandatory. Your case manager will provide information to you regarding missed classes.
6. Can I drive to a gas station or grocery store? The DC261 provides information on the approved destination restrictions. Please refer to this document.
7. Does the ASAP select the ignition interlock vendor for me? No, you are responsible for selecting the ignition interlock vendor from the state approved vendor list.
8. Can I drive before I get the ignition interlock installed? No, you must have the ignition interlock installed before you can drive anywhere.
9. Who tells the DMV when I complete the ASAP? The ASAP will electronically enter completion into the DMV system once all ASAP requirements have been met.
10. Will all my ASAP fees have to be paid before I can get my license? Yes, all your ASAP fees will have to be paid in full before you can get a license. The DMV will not issue you a driver’s license until completion has been entered in the DMV system by the local ASAP. Do you have a link to ASAP? Yes. See ASAP Link
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.
The presiding Judges in the Newport News General District court are the following:
- Newport News-Traffic General District Court
- Hon. Michael S. Stein, Presiding Judge, Chief Judge
- Hon. Robert Saunders, Presiding Judge
- Hon. Rian Lewis, Presiding Judge
The Newport News General District Court-Criminal Division court schedule is the following:
Courtroom A
Bond Hearings
8:30 a.m., Mon. - Fri.
Video Arraignments
9:00 a.m., Mon. - Fri.
Commonwealth Trials/City Trials
10:00 a.m. & 11:00 a.m., Mon. - Fri.
City Attorney Trials
1:30 p.m., 4th Wed. of each month
Courtroom C
Non Violent Commonwealth Trials
9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m.,
11:00 a.m. & 1:00 p.m., Wed.
The Newport News General District Court-Traffic Division court schedule is the following:
Courtroom B
Video Arraignments
8:30 a.m., Mon. - Fri.
Commonwealth Arraignments
9:00 a.m., Mon.
Commonwealth Trials
9:30 a.m., Mon.
City Officer Trials/Violations of Probation
9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m., 11:00 a.m.
& 1:00 p.m., Mon. - Fri.
Courtroom C
City Officer Trials/Violations of Probation
8:30 a.m., 9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m.,
11:00 a.m. & 1:00 p.m., Mon. & Fri.
Commonwealth Arraignments
9:00 a.m., Tues.
Commonwealth Trials
9:30 a.m., Tues.
State Trooper Trials
9:00 a.m., 10:00 a.m., 11:00 a.m. & 1:00 p.m., Tues. & Thurs.
The presiding Judges in the Newport News Circuit Court are the following:
- Hon. C. Peter Tench, Presiding Judge, Chief Judge
- Hon. Timothy S. Fisher, Presiding Judge
- Hon. David F. Pugh, Presiding Judge
- Hon. Bryant L. Sugg
IF YOU SEEK INFORMATION ABOUT YOUR CASE, PLEASE FOLLOW THIS LINK.
When you have the difficult choice of selecting an attorney for a DUI in Newport News, Virginia, call a proven winner, Anthony Montagna, III. As successful Newport News DUI lawyers, Anthony Montagna, III and the other lawyers in the firm will fight for you and defend your rights.
CALL TODAY!! 757-625-3500 (To reach Anthony Montagna, III 24 hours a day) or 757-622-8173
Written By Anthony Montagna, III
Criminal Defense Lawyer
Anthony graduated from Norfolk Academy in 1986. After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. Practicing since 1993, Anthony has successfully defended individuals charged with serious crimes and traffic offenses like reckless driving and DUI charges.
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