A first-offense DUI in Virginia is a Class 1 misdemeanor. It carries a mandatory license suspension, a fine, and a referral to the Virginia Alcohol Safety Action Program — and in Norfolk it is arraigned in the General District Court within days. The window before that first appearance is where the useful work happens. Decker Law has defended these charges in this courthouse since 1961. Call 757-622-3317 now, not Monday.
A DUI IN NORFOLK MOVES FAST
A first-offense DUI in Virginia is a Class 1 misdemeanor under § 18.2-266. It carries a mandatory license suspension, a fine, and a referral to the Virginia Alcohol Safety Action Program. In this city it’s arraigned in the Norfolk General District Court, and the days between the arrest and that first appearance are where the useful work happens — the basis for the stop, how the field sobriety tests were administered, the breath instrument’s calibration record.
Reckless driving is the charge people underestimate most. Under § 46.2-862 it isn’t a ticket. Twenty over the limit, or anything at eighty-five and above regardless of the limit, is a criminal misdemeanor that lands on a record employers can see.
Both charges come with a second set of consequences that nobody mentions at the roadside. Whether a security clearance survives. Whether the drive to base survives. Whether a commercial license survives. In this region those are usually the real stakes, and they’re the questions we answer on day one rather than at sentencing.
WHERE THESE CASES ARE WON
The stop
Reasonable suspicion, field sobriety administration, instrument calibration. All three are worth attacking, and all three are documented somewhere.
Your license and your clearance
In this region a conviction can cost a security clearance or the drive to base. We treat that as the real stake, because it usually is.
Reckless isn’t a ticket
Twenty over, or eighty-five and above, is a criminal charge in Virginia. It goes on your record and it stays there.
WHAT HAPPENS AFTER A NORFOLK ARREST
Most people we hear from have never been through this and have no idea what comes next. So: an arrest in Norfolk normally means a magistrate’s bond determination, then an arraignment in the General District Court, then either a trial date there or — if the charge is elevated by a high reading, a prior offense, or an injury — a case that moves up to the Circuit Court.
Each of those steps has a window in front of it where something useful can be done, and each window closes. Getting the discovery request in. Preserving the calibration and maintenance records for the instrument that produced your reading. Getting to a witness while they still remember clearly. What you cannot do is make up the time later.
One of our attorneys spent four years as an Assistant Commonwealth’s Attorney for the City of Norfolk. He knows which files the Commonwealth quietly worries about, and what a reduction in this court typically requires. That’s a practical advantage, not a relational one.
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
criminal and traffic clients represented since 1995
4
years one of our attorneys spent prosecuting for Norfolk
65+
years practicing in Norfolk’s courts
HEAR FROM THE PEOPLE DECKER LAW HAS HELPED
Arah T.
I had a denied bond at Virginia Beach Correctional on a holiday week.Cole Roberts worked fast to get me a bond hearing and had a bondsman lined up for me I was out by lunch time the same day and looking forward to him representing me on my case. He’s prompt, caring and respected in the courtroom. THANK YOU Cole Roberts.
I was rear ended last year and was referred to Decker Law Firm by a coworker. My attorney that ended up representing me was Martin Thomas Jr and from our first meeting I knew I was in good hands. I had tried a law firm I’d used previously first and they wouldn’t take the case but Martin was confident that I indeed had a case and wanted to take it on. He was very straightforward and told me what he thought the case was worth and I decided to go with his representation. We ended up having to take the case to trial and I was so nervous but Martin went out of his way to answer my questions and put me at ease. Any time I sent him an email with questions, which was often, he always responded within a couple of hours even on the weekends. When we went to trial he was calm and confident in the courtroom and I couldn’t have been happier with the outcome. The judgment was in the monetary range Martin told me he thought the case was worth which proved again just how competent he is when it comes to his job. If I ever need a lawyer again Martin will be the first person I call. You can’t go wrong with this firm.
George Neskis is on speed dial when it comes to anything related to law. He gave me the best possible outcome for a traffic ticket on one occasion. A year later he has helped me get a great settlement for a car accident I endured. He is the best in the business and I highly recommend him for any of your needs!
I sustained a back injury due to an auto accident. A neighbor referred me to The Decker Law Firm, where I had the pleasure of working with Attorney Martin Thomas Jr. and his associates. Thomas Jr. and his associates were very professional, courteous and responsive to all of my questions, thoroughly explaining the process and providing regular updates on my case. The settlement was extremely close to the maximum allowed. I would certainly use The Decker Law Firm for any future legal services needed and highly recommend Decker Law to family, friends, co-workers, etc.
I cannot say enough good things about Peter Decker III at The Decker Law Firm. During a very difficult time for my family, Mr. Decker provided exceptional legal support for my elderly Dad. From the very beginning, he was compassionate, patient, and truly took the time to understand our situation.What stood out most was his dedication and genuine care-not just as an attorney, but as a person. He went above and beyond to ensure my dad received the best possible outcome, and we are incredibly grateful for his hard work and professionalism.If you are looking for a knowledgeable, trustworthy, and compassionate attorney, I highly recommend Mr. Decker with The Decker Law Firm.
I had the pleasure of being represented by Martin Thomas Jr. I found him to be professional, thoughtful and more than competent. In a few months he was able to accomplish what another lawyer could not do in over two years. Mr. Thomas will always be my first choice when I need a lawyer.Thank- you for all your efforts on my behalf.
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