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 10 months 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 10 months 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 9 months 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 3 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...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. D.U.I

    Answered about 1 month 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 about 2 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. If you are aprroved for incapable status with WV DMV for the interlock program, when does the 6 month suspension start?

    Answered 7 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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  8. Can someone who is under 21 and arrested for 1st offense DUI participate in the Defferal Program?

    Answered over 1 year 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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  9. My dui was dismissed a year and a half ago, and was just notified of wv dmv revocation, can I fight it since I wasn't charged?

    Answered 11 months ago.

    1. Seth S. Gaskins
    2. Harley O. Wagner
    3. Todd F. La Neve
    4. Derek Anthony Patrin
    4 lawyer answers

    We have two separate treks on a DUI case in West Virginia. So, the dismissal of your DUI charge in the criminal court, while great result, is not controlling of the WV DMV and their attempt to suspend your license. Two things: 1) I currently have pending on appeal in Charleston, this exact issue of DMV issueing these notices of suspension many months after arrest, when the law and statute is very clear: "..within 48 hours the arresting officer shall file.." paperwork with DMV notifying of...

    5 lawyers agreed with this answer

  10. I got a dui and when i went to court it got dismissed. do i still have to do the substance abuse class to get my dl back?

    Answered over 1 year ago.

    1. Harley O. Wagner
    2. Richard Timothy Jones
    3. Anthony M Salerno
    4. Jason M. Glass
    5. Jasen Bodie Nielsen
    5 lawyer answers

    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...

    5 lawyers agreed with this answer

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