I was stopped and charged with Driving on a Suspended 2nd offences in April of 2015. In August I had a hearing and the charges were dropped to Driving on a Suspended 1st offense. Now three months later, I get a notice from the West Virginia DMV st...
Assuming you now have a Florida driver's license, you have two choices: 1) Complete a WV DMV approved / FL approved 18 hour dui education course, with proper course completion docs submitted to the WV DMV, pay a $50 reinstatement fee and do not drive in WV for the advised one year period, the conclusion of which, with the above done, you will be automatically reinstated in WV and matter closed; 2) You can hire WV DUI Defense Counsel, request a hearing per the advisement language on the form therein, get a hearing date from there and then you and your lawyer go contest the suspension. Sincerely, Harley O. Wagner, Esq.See question
I had a DUI charge (the whole case was sketchy). .05 BAC, I was parked. I filed a complaint against the officer and he was exonerated. After almost 9 months the case got demised by the prosecution. Two weeks after, the officer, not the prosecu...
Yes charges can be re-filed unless the misdemeanor charge was initially dismissed "with prejudice." However, the state still only has 1 year to try the case from date of offense minus any delay caused by accused citizen or his/her attorney. ...Further noting simply because they re-file doesn't remotely mean they will have success actually convicting! You can charge a ham sandwich with a crime but was there actually one committed? Best of luck.See question
I was driving for work (class A truck) and went through a yellow light that turned red. When the officer pulled me over he immediately asked if I had been drinking. Which I denied and explained that I was returning from Michigan. He did a field so...
I assume when you say negative test that you blew under the legal limit at the road side, which if correct, would be a factor in our favor. Bottom line is though that you've been arrested and are now in the system with criminal court proceedings coming your way as well as WV administrative court proceedings regarding your druver's license. Call my law office at your earliest opportunity if wish to discuss further. My law office staff will coordinate from there.See question
I was incarcerated 5 years ago, took the classes in jail, don't have my certification, then took 8 weeks with probation, i have lived in WV since my release (3yrs) WV cannot give me my license and MD won't forgo the requirement? What do i do, can...
This is a Maryland based issue not West Virginia. Thus, you will need to contact the Maryland MVA to find out what exactly is needed to have them reinstate you there so that you can obtain licensing in West Virginia. No state will issue licensing if another had you suspended. If no satisfaction from that direction than hiring a Maryland DWI Attorney is what then will be necessary.See question
Case was over a year ago and moved out of state shortly after. Do not plan on moving back to WV but feel I'd have to for the 9 month ignition interlock. If case was plead down in court will DMV hear the case?
Short answer: No.
Harley O. Wagner, Esq.
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.
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.See question
I got a second offense dui 4 years ago I have been offered the dmv interlock program recently.
Taking prescribed medication in a lawfully prescribed and responsible manner is not an impediment to the interlock program. Best wishes.See question
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...
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.See question
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.
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 AttorneySee question
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...
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 WagnerSee question