Matthew S. Kensky Esq.

Matthew S. Kensky Esq.

Fairfax, Virginia

Areas of Practice

  • Criminal/Traffic Defense of Adults & Juveniles
  • Felonies, Misdemeanors & Infractions
  • Expungement Petitions – Felony & Misdemeanor
  • Protective Orders – Petitioning for, Defending Against, & Violations of
  • Petition for Restoration of Driving Privileges; Motion for Restricted Operator’s License


  • George Mason University School of Law, Arlington, Virginia
    • J.D. - 1999
    • Law Journal: Civil Rights Law Journal, Managing Editor, 1998 - 1999
  • James Madison University
    • B.A. cum laude - 1995
    • Major: Political Science

Published Works

  • "Casey Martin v. PGA Tour, Inc.: Introducing Handicaps to Professional Golf by Widening the Scope of the ADA", GMUSL Civil Rights Law Journal, Winter, 1998

Representative Clients

  • Wara Wara, Inc. v. VA Dept. Alcoholic Beverage Control, 2015 Va.App. LEXIS 62 (2015) (in an appeal to the Court of Appeals for Virginia, challenged sufficiency of evidence of alleged violations by restaurant of VA ABC happy hour & beverage service regulations, in administrative regulation case)
  • Commonwealth v. Meyers, 2005 Va. App. LEXIS 57 (2005) (in Commonwealth's interlocutory appeal to the Court of Appeals for Virginia, defended trial court's ruling in Defendant's favor that officer violated the accused's Miranda rights where police questioning in the detective's vehicle was custodial, in felony larceny case).
  • Varga v. Commonwealth, 260 Va. 547 (2000) (in an appeal to the Supreme Court of Virginia, attacked Circuit Court's order revoking Defendant driving privileges and declaring him a 'habitual offender' because it was more than ten years old and did not comport with statutorily required language, in felony habitual offender case).
  • Commonwealth v. Lizazu-Arias, 57 Va. Cir. 478 (2000) (in the Fairfax Circuit Court, excluded BAC result where breath tech operator reversed regulatory procedure of Intoxilyzer machine, and showed that substantial compliance to ensure breath test accuracy did not occur, in DWI case).


  • Speaker, “DWI/ Traffic Case Law Update” – Presented at Fairfax Bar Association’s “Annual Traffic Law CLE.” , 2013 - 2018
  • Speaker, “Traffic Law: Statutory & Case Law Updates.” Presented at Prince William Bar Association CLE luncheon (September 2016).
  • Speaker, "Update on Virginia Case Law - Forensic Evidence." Presented at Fairfax Bar Association's "Criminal Law CLE" (October 2011).
  • Speaker, "Criminal Law - Overview of Current Cases." Presented at Fairfax Bar Association's "Criminal Law CLE" (October 2010).
  • Speaker, "The Legal Strategies for Confrontation: DUI Litigation in the post-Melendez-Diaz Legal System." Presented at Virginia CLE's "DUI Defense- Smart Strategy, Creative Tactics" (September 2010).
  • Speaker, "Updates on Virginia case law regarding Melendez-Diaz, Grant, and other recent Issues." Presented at Fairfax Bar Association's "Annual Traffic Law CLE" (January 2010).
  • Lecturer, "Defending DWI/ DUI in Fairfax Courts." Training Seminar at the Fairfax County Office of the Public Defender (June 2007).
  • Speaker, "Creative DUI Defense", Virginia Public Defender Commission Annual Conference (March 2001).

Honors and Awards

  • Pi Sigma Alpha, Political Science Honor Society, 1994 - 1995
  • Howard Fellowship Recipient, 1998 - 1999
  • Association of Public Interest Law (GMUSL) – summer fellowship recipient , 1997 - 1998

Professional Associations and Memberships

  • American Inn of Court, 1998 - 1999
  • Fairfax County Bar Association
  • Virginia State Bar, Criminal Law Section