Harley O. Wagner’s Answers

Harley O. Wagner

Martinsburg DUI / DWI Attorney.

Contributor Level 10
  1. It has been a year since i was pulled over civil charges were dropped wondering how long before i have a dmv hearing

    Answered about 1 year ago.

    1. Harley O. Wagner
    2. Todd F. La Neve
    3. Derek Anthony Patrin
    4. Ethan Patrick Meaney
    4 lawyer answers

    Going to take a big leap here and assume you are talking about a DUI case and that you meant to say "criminal" charged were dropped. (?) As the DMV is the civil administrative side of a WV DUI case. With this limited information I am suspecting that your arresting officer failed to follow statute and law by filing proper paperwork with the WV DMV (within 48 hours) in which to ignite license suspension action against you. I recommend you checking your lawful license status with your local...

    9 lawyers agreed with this answer

  2. Pulled over for DUI in West Virginia. First time offense. I live in Pa.

    Answered about 1 year ago.

    1. Harley O. Wagner
    2. Seth S. Gaskins
    3. Anthony Michael Solis
    4. Jason M. Glass
    4 lawyer answers

    The first thing you are going to want to do is consult with an experienced, well trained WV based DUI Defense Attorney. You are facing a criminal charge in a WV Magistrate Court and a separate 1 year suspension to drive in WV that takes place at the regional DMV detachment of arrest location. Two separate matters. PA does not take action on a first offense out of state; however, there is a DUI license course you need to enroll in and complete or WV DMV side can cause problems down the road...

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  3. If you get a first DUI, can you still drive a work vehicle if it's required for your job?

    Answered about 1 year ago.

    1. Harley O. Wagner
    2. Thomas J Callahan
    3. Michael D. Simms
    4. Derek Anthony Patrin
    4 lawyer answers

    The answer to your question depends on the status of your case and underlying factual allegation, and ultimately result of case. I am sensing by the phrasing of your question you got a DUI 1st offense conviction and that your alleged BAC (blood alcohol concentration) was > .15, which means an aggravated allegation. In West Virginia that comes with a mandatory 45 days no driving whatsoever (no work privileges in WV), followed by a "mandatory" 9 months interlock installation in your vehicle....

    8 lawyers agreed with this answer

  4. What are my rights at a sobriety checkpoint and what is the best way to handle an encounter with an officer at said checkpoint?

    Answered 7 months ago.

    1. Harley O. Wagner
    2. Rixon Charles Rafter III
    3. Ted Harvatin
    3 lawyer answers

    You have the same Constitutional rights at a sobriety checkpoint as you have anywhere else as an American citizen. The right to remain silent being one of them. Beyond a simple courteous response to: "how are you doing?" with as you did, a "fine, thank you", you need not answer anything further and if wanting to be rude even that. When the second question hit my response would have been: "officer with all due respect, I've done nothing wrong and don't wish to answer anymore questions and I wish...

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    1 person marked this answer as helpful

  5. D.U.I

    Answered 5 months ago.

    1. Harley O. Wagner
    2. Valerie Semmes Bouffiou
    3. Derek Anthony Patrin
    4. Jason M. Glass
    4 lawyer answers

    There is the even less reliable determinate of speed known as "pacing" where officer maintains a speed and distance behind you for a period. No matter, this scenario is most assuredly a viable defense issue each and every time, particularly if there is no other bad driving alleged or easily proven, much less actual signs and factual basis of intoxicated driving / being an intoxicated driver. The lawfulness of the stop very much the first point at issue in this scenario and most DUI arrests....

    6 lawyers agreed with this answer

  6. If I have a DUI from 8 years ago can I clean my record?

    Answered 6 months ago.

    1. Harley O. Wagner
    2. J. Brandon Shumaker
    3. Jason M. Glass
    3 lawyer answers

    Unfortunately not. In June of 2012, WV created a deferred disposition law on certain types of first offense dui cases with no prior history; but, until then no dui conviction was expunge able from one's record. Sincerely, Harley O. Wagner, Esq. www.WestVirginiaDUILawyers.com

    6 lawyers agreed with this answer

  7. Four years ago got charged with DUI in Virginia when 18 years old blew .o8 BAC. Last weekend got pulled over in West Virginia

    Answered about 2 months ago.

    1. Harley O. Wagner
    2. Seth S. Gaskins
    3. Jason M. Glass
    4. James J White
    4 lawyer answers

    You would have to look at your charging documents in the paperwork you received + when your bond was established and charges read to you, you should have been advised whether you were being charged with a DUI 1st offense or DUI 2nd offense. Yes, you can be charged with 2nd offense in WV using the prior DUI in VA as the predicate conviction. Your age is irrelevant to the aspect of enhancing your charge. There will be a WV DMV proceeding against you to which can and will have consequences with...

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  8. If you are aprroved for incapable status with WV DMV for the interlock program, when does the 6 month suspension start?

    Answered 10 months ago.

    1. Harley O. Wagner
    2. Todd F. La Neve
    2 lawyer answers

    Contact Interlock dept. at DMV headquarters for confirmation of all steps completed and in place for successful reinstatement (i.e. dui license course completion, reinstatement fee paid and any requested docs for incapable status approval). Suspension date should be April date DMV advised suspension started, which would mean time wise when the above dots are in place, you'll be eligible for reinstatement ASAP. Good luck. Sincerely, Harley Wagner - WestVirginiaDUILawyers.com

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  9. Can someone who is under 21 and arrested for 1st offense DUI participate in the Defferal Program?

    Answered almost 2 years ago.

    1. Harley O. Wagner
    2. John Paul Thygerson
    2 lawyer 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...

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  10. DUI first timer program/out of state

    Answered 10 days ago.

    1. Harley O. Wagner
    2. Michael D. Litman
    3. Jay Scott Finnecy
    3 lawyer answers

    The DUI Education course cannot be taken on line in West Virginia. Contact the headquarters of our WV DMV at 304.926.2506 / DUI Division to inquire about the closest "approved" DUI Education Course in your part of New Jersey that the WV DMV will recognize. *Keep in mind that often times Magistrates, Prosecutors, and particularly law enforcement, make citizens believe that the WV DUI Deferral Program is something easy to accomplish and that a citizen does not need an attorney and can do all on...

    5 lawyers agreed with this answer

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