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Harley O. Wagner
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Pro

Harley Wagner’s Answers

124 total


  • Could i get a dmv hearing dissmissed?

    It has been 2 yrs since my administrative dmv hearing for a dui. An order has yet to be issued. Would it be possible to have it dismissed.

    Harley’s Answer

    Unfortunately, the wholly dysfunctional aspect of our administrative hearing process in West Virginia, and specifically that of your scenario of awaiting two plus years for a final order hearing decision to be returned, is not sufficient legal grounds for a dismissal motion.

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  • Am I eligible for the dmv safety and interlock program if I currently take prescribed xanax for anxiety.

    I got a second offense dui 4 years ago I have been offered the dmv interlock program recently.

    Harley’s Answer

    Taking prescribed medication in a lawfully prescribed and responsible manner is not an impediment to the interlock program. Best wishes.

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  • I have had a dui and got an interlock in my car. I was caught driving another car without an interlock. They charged me with d

    Driving with a suspended . My lawyer said that they offered me 30 days in ja on weekends and 30 days house arrest. Since the prosecuter already dropped ine similar charge to a regular revocked. I feel that my lawyer did not do enough and should sw...

    Harley’s Answer

    Respectfully, there's not nearly enough information here other than what appears to be an inquiry into now wishing to undo a previously entered guilty plea believing your attorney did not obtain a good enough result on your behalf. While you are free to consult with a criminal/dui attorney, undoing or overturning an entry of plea such as yours as not knowingly and voluntarily entered is a very tough endeavor. And good appellate lawyers are not inexpensive.

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  • Can I get Home Confinment for DUI 3rd.If my mother needs me at all times as care person for her because of medical issue.

    The Doctor said she needs oxygen 24 7.Does not know how to work it.Work around the home.She needs me there all the time for cleaning and cooking.This case is in Shanandoea county circute court.

    Harley’s Answer

    To answer your question directly, West Virginia law provides a DUI sentence to be served in 3 ways and 3 ways only: jail; work release (jail/work/jail/work); or home confinement. So yes, it is possible for a DUI sentence, misdemeanor, felony, 1st, 2nd, 3rd or any type of DUI charge in WV, to be served via the alternative sentence of home confinement. Best wishes to you and your Mother. Sincerely, Harley Wagner. WV DUI Attorney

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  • I am wondering how to go about getting the videos of both the police car in/out,the police station,the surrounding stores video

    I was not stopped was sitting in my car in a parking lot waiting on a ride as my tire hit the cement median and popped. I only knew from tv/movies that many tests are not designed for certain sexes,age range, hormone flucatuations and that breatha...

    Harley’s Answer

    In West Virginia, a law enforcement officer does not have to physically see you driving in order to charge a citizen with dui and for the state to successfully prosecute. The factual scenario as you've outlined would certainly afford law enforcement and the state to show you got your car only where it was having just hit the cement median and busted your tire. It's called circumstantial evidence. Now, whether or not you were DUI is a wholly other matter that only a trained, experienced DUI attorney can assist you upon, and to which would make all the appropriate discovery requests, including that of full copies of any and all video evidence that may be in the possession of the state. Noting in West Virginia, we do not have mandatory video laws and 75%+ of the time there are no videos in WV DUI cases. I would be happy to consult with you further if desired; but, make no mistake, you need to obtain a West Virginia DUI Attorney given your AVVO post above. Thx, Harley Wagner

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  • Am I required to show proof of insurance to get my license back after 11 years?

    I was pulled over while intoxicated in 2004. I was driving someone else's vehicle. I was charged with no proof of insurance, no inspection sticker, not having my seat belt on and no license. No charges on the intoxication were ever issued. I n...

    Harley’s Answer

    Contact the WV DMV at 304.926.2506 to ascertain exact steps needed for license reinstatement. Your insurance carrier could and will provide proof that you had lawful insurance back at the time of the 04' incident for any 2015 need that could inexplicably be needed + you can provide your current 2015 proof of insurance for any current needs. Best wishes to you and your Mother. Sincerely, Harley Wagner

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  • I was arrested for dui and driving while license suspended.. but i wasnt behind the wheel and didnt have the keys & not my car.

    offcMe and my friends had pulled into a parking lot looking for another friend.. the girl who owns the car jumped outta the front seat and ran inside i got out of the back seat on the drivers side and a police officer had pulled in behind the car ...

    Harley’s Answer

    Hello. Upon reading your inquiry and case scenario, the first thing that screams out from it is the need for you to have an experienced, well training West Virginia DUI Defense Attorney to represent and present your defenses to these charges, which per your posting, indicates a very sound defense. I would be happy to consult with you. Sincerely, Harley Wagner - WV DUI Attorney

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  • Can you be charged with DUI causing death to another person after they have settled with your insurance company

    the passenager of the wreck settled out of court with my insurance company, while he was in a nursing home, after being in there for 7 months they let him go home with his wife, he cought phnumona then went back to nursing home, then a few days la...

    Harley’s Answer

    Yes, a civil court disposition presents no legal barrier for a prosecuting authority to file a criminal charge related to the same events.

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  • Can the charges be refiled if the case was dismissed for a misdemeanor DUI?

    I was charged with a DUI on May 2014. Blood test came back .05 and the officer made a lot of mistakes in the report. The prosecutor filed a motion to dismiss and it was signed by the judge on March 2015. I received a phone call from a Sgt which...

    Harley’s Answer

    IF the presiding Magistrate dismissed "with prejudice" than the State is barred from ever re-filing. IF the presiding Magistrate dismissed "without prejudice" than the State can re-file; however, the have one year from the date of the alleged offense to try the case (i.e. one year rule on misdemeanors in WV). -*minus any delay or continuance period caused by the accused citizen or the accused citizen's defense attorney. Further, IF the dismissal motion form does not say with or without prejudice than it is assumed without absent other factors establishing otherwise. And the fact your allegation is but an .05 in light most favorable to the state -and that's assuming we are not dealing with hospital based serum blood testing, which would make the number even less in allegation form in light most favorable to the state- there is NO WAY you should consider anything other than the State dismissing the charge in full. Best wishes. /s/ Harley Wagner

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  • Arrested DUI in 2012 that was dropped and dismissed to a Public Intoxication in WV 3 years later I got a revoke can they do this

    Arrested for DUI 2012 and dropped and dismissed to a PI. 3 years later 2015 I receive a revocation letter from DMV. Can they do this? Is there not a statute of limitations? The officer didn't send in a report until 12/2014

    Harley’s Answer

    In short, yes, yes they can as absurd and U constituional as that sounds. Many a lost court battle WV Supreme Court way -including this guy- trying to rectify. You must do and deal with the reinstatement process or it will follow you forever. Contact DMV at 3049262506 for reinstatement instructions. Best wishes.
    Harley Wagner

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