Roseborough v. Commonwealth

In this case, the Virginia Court of Appeals upheld the defendant's conviction for DUI. Additionally, the defendant was involved in an accident on a private road in an apartment complex. Furthermore, the defendant offered to submit to a breathalyzer before the officer could read the implied consent law. Finally, the officer did not see the defendant operate his vehicle, but nevertheless, the officer arrested the defendant.

Approved breath test devices in Virginia

In Virginia, two breath testing machines are authorized to be used in determining if someone has operated their vehicle under the influence of alcohol. The older machine, Intoxilyzer 5000, uses infrared technology to analyze alcohol content. The newer machine, Intox EC/IR II, uses both infrared and electrochemical technology to analyze alcohol content.

With the Intox EC/IR II, an infrared beam passes over the collected sample. Thereafter, a portion of the breath is introduced to the fuel cell where the result is calculated. The infrared sensor is also used to determine if there is any residual alcohol in the mouth.

Virginia also authorizes numerous devices to be used in preliminary breath tests. The preliminary test results are generally not admissible at trial.

A DUI can affect military men and women differently than civilians.

If you are charged with a DUI in Norfolk, Virginia Beach or other city in Hampton Roads and you are in the military, you can face different consequences than if you are a civilian. Even if you are not convicted, a military person can be disciplined by the military. Additionally, a military person could face a cut in pay, reduction in pay grade or even separation.

At the Norfolk, VA law firm of Montagna & Montagna, P.C., we can help you with the process of dealing with a DUI. We understand that your family relies heavily on you and we want to make sure that you and your family know what you are facing and what can happen to you.

Please feel free to call us at 757-625-3500 to schedule a free consultation. We will help you through this difficult time.

I was charged with reckless driving. How do I find a great lawyer?

It is important to know that reckless driving is a Class I misedemanor in Virginia. If you are convicted, you face a large fine, possible jail, suspension of your operator's license, and a large increase in insurance rates.

A great lawyer is someone who cares about his clients. A great lawyer thinks of his clients as individuals and not as a source of money in his pocket.

If you allow me, Anthony L. Montagna, III, the privilege of representing you, I will treat you like I would like my family members to be treated by a lawyer. I will return phone calls and strive to answer your questions. When your case is completed, I want you to think you received exceptional representation and great value for the money you paid in hiring me.

If you need a reckless driving lawyer in Norfolk, Virginia Beach or any place in Virginia, call Montagna & Montagna, P.C. As a law firm with lawyers who have over 60 years of combined legal experience, we have handled many reckless driving cases. My firm has great lawyers who treat people great.

My wife was wrongly diagnosed. What do I?

If you think you or a family member has a medical malpractice case, you should call me, Anthony L. Montagna, III, a medical malpractice lawyer in Norfolk, Virginia. I will advise you to obtain all medical records that support your contention that you or a family member was a victim of medical malpractice. It is important to understand that the fact that a mistake occurred does not automatically create a cause of action against the doctor.

To succeed in a medical malpractice case, we must prove that the doctor breached the standard of care. As an experienced lawyer, I will help to ensure that your case is reviewed by knowledgeable, medical personnel.

If you have any questions, please feel free to contact my firm, Montagna & Montagna, P.C. We are experienced lawyers, who practice in Norfolk, Virginia Beach, and all of Hampton Roads, Virginia. Our telephone number is 757-625-3500.

I was hurt by a drunk driver. What should I do?

First, you should contact me, Anthony Montagna, III, a personal injury lawyer. Since you are hurt, you should immediately go to the hospital for treatment and plan to follow up with your personal physician if instructed by the hospital staff.

As an experienced personal injury lawyer in Norfolk, Virginia, I can help you receive fair compensation for your injuries. You may be entitled to punitive damages, which are intended to punish the defendant for driving drunk. Thus, it is important to receive guidance from an experienced lawyer who serves injured parties in Norfolk, Virginia Beach, and Hampton Roads.

In any case, you should avoid speaking to the insurance adjustor, except for allowing him to inspect and fix your vehicle. I would welcome the opportunity to help and serve you.

Wilder v. Commonwealth (911 Tape- Hearsay - Confrontation Clause)

In this case, The Virginia Court of Appeals rules that 911 tapes should not be allowed into evidence unless the person making the statement is facing an on going emergency. The basis for the holding is the admission of the tape would violate the defendant's Sixth Amendment right to confront the witness.