Harley O. Wagner’s Answers

Yes, the young man can request entry into the 17C-5-2b deferral program if his alleged BAC is between .08 and .149, even if under the age of 21. A refusal of the breath machine would also be permitted entry even if under 21. ...IF the alleged BAC was less than .08, and under age 21, we have a separate section in DUI statute that deals with that also permits eventual dismissal and expunction of record. It is found in 17C-5-2(i) of the WV Code. So, request entry into program and go from there...

One of the more misunderstood aspects of a DUI arrest is the cop didn't see me driving defense. While indeed much more difficult to prove a DUI Drug charge like yours -meaning driving under the influence of marijuana- the facs and circumstances as outlined by you, suggest the only way you got to the parking was to have driven there. The officer smelling what he believed to be marijuana coming out of your driver's side window was enough to investigate further and to have arrested you. Again...

What appears to have happened is that GA issued a suspension to drive within the borders of their state due to the 1993 arrest/conviction for DUI in the state of Georgia. In order to be reinstated to drive in that state, you must take and successfully complete an alcohol education course (a.k.a. the license classes). Most states honor courses in other states; but, you would have to check this out with the DMV headquarters in GA which should be Atlanta. As to how WV renewed you 4 times without...

In assessing whether the prosecuting authority can enhance a DUI 1st up to a DUI 2nd, 3rd or subsequent, the law in West Virginia is what we call a "10 year look back rule," which means you go back 10 years from the instant offense/arrest date. Only DUI convictions with an arrest date within that 10 year period can be attempted by a prosecuting authority to enhance the instant DUI arrest up to a more serious charge. So, if your prior DUI arrests occured greater than 10 years from the arrest...

As stated, yes, if your probation officer agrees and so recommends and court so grants. In short, it can be done with permission. Start with simply asking your P.O. and go from there. Usually, given all that you have done, length of time on.... if get half way through a five year probation, early discharge is more common than not. Most of all, let your attorney do this for you. Should have more pull with P.O. and court than you if worth a darn. Good luck. Sincerely, Harley O. Wagner, Esq. - www....

WestVirginiaDUILawyers.com / 304.901.7400. Sincerely, Harley O. Wagner, Esq. - The Wagner Law Firm.

Respectfully, this email is entirely too convaluted and absent in needed detail and explanation. IF you entered into the WV Deferral Program with the controlling criminal court back in the Fall of 2011, you should have been subsequently suspended by dmv for 15 days with 165 days of interlock intallation in your vehicle from there. Once successfully completed, you would have then been eligible to have your case dismissed and 1 year from dismissal date, your record expunged as if it never took...

IF you get convicted of DUI 1st offense in Virginia and it gets sent over to West Virginia, West Virginia will notify you of a 90 suspension of your WV driver's license in the mail, with an effective start date of your suspension. You will be required to take an 18 hour license reinstatement course as well. *If you are already enrolling in the VA ASAP program to satisfy VA, WV also honors this course. So, don't need to take twice. IF suspended down the road by WV DMV, you can also get the...

What you need to is to once again contact the PA DMV to find out exactly what you need to do to have your privilege to drive in PA reinstated and promplty do so. I am guessing that what you'll need to provide is docs from WV of having completed license classes (PA honors ours and vice versa) and pay PA reinstatement fee. You should then be good to go barring something unforeseen given time periods in play since PA arrest for DUI. Aside, when you have a specific State question involving specfic...

You should expect that they are going to be prosecuting for DUI, and perhaps DUI with Injury if anyone else was alleged to have been injured. You should also expect to have a separate DMV proceeding where DMV will be seeking to suspend your license. This notice of revocation will be sent registered mail to address on your license in about 3-4 weeks post arrest date. If address is not correct you will need to get corrected ASAP with DMV to insure getting it and being timely responded too in...