Harley O. Wagner’s Answers

Harley O. Wagner

Martinsburg DUI / DWI Attorney.

Contributor Level 10
  1. Is it legal to be arrested for a DUI in WV, when not seen in a motor vehicle ? This arrest was based on an alleged phone call

    Answered 7 months ago.

    1. Harley O. Wagner
    2. William Travis Towe
    2 lawyer answers

    There's a saying in the criminal/dui defense arena that our gov't can charge a ham sandwich with a crime. However, doesn't remotely mean the ham sandwich actually committed the crime. Segway: In WV, an officer, need not actually see you drive to arrest and charge dui if the circumstantial facts and circumstances can prove you just recently drove or only way you got where your at is to have driven and/or make some sort of admission. Your specific facts as relayed indicate a good defense...

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  2. My friend received a DUI in GA. in 1993.

    Answered over 1 year ago.

    1. Harley O. Wagner
    2. Jill Dominique Sinatra
    2 lawyer answers

    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...

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  3. Arrested for DUI and speeding

    Answered 4 months ago.

    1. Harley O. Wagner
    2. Jason M. Glass
    3. Derek Anthony Patrin
    3 lawyer answers

    Being charged with a felony will require your counsel to file a bond modification request to allow you to travel home. Until then absolutely not allowed. Zero chance they will dismiss simply because you are from a foreign country. And absolutely need counsel. Felony charges are very serious and carry potential penitentiary sentences. I will be happy to consult with you or a loves one if desired. My statewide law practice is exclusive to DUI Defense. Sincerely, Harley O. Wagner www....

    4 lawyers agreed with this answer

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  4. If I am charged with 2nd offense dui, and the arresting officer filed the report as 1st offense, is there a loophole?

    Answered about 1 year ago.

    1. Harley O. Wagner
    2. Anthony Michael Solis
    3. Ethan Patrick Meaney
    4. Jasen Bodie Nielsen
    4 lawyer answers

    Your charging document, a.k.a. the criminal complaint, and that of your bond/arraignment papers will set forth exactly what you are charged with, DUI 1st or DUI 2nd. If you have a prior DUI conviction within the past 10 years than a WV prosecuting authority can seek to enhance/"up" the instant case to a DUI 2nd offense, which of course carries the potential for more serious penalties. If the officer charged it as a first offense, and you have a valid prior out there within the past 10 years,...

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  5. Was pulled over Aug 30, 2013 for flashing my headlights and charged with DUI. Pled guilty.

    Answered 7 months ago.

    1. Harley O. Wagner
    2. Richard Todd Rosenstein
    2 lawyer answers

    You would have been allowed to challenge the suspension of your driver's license if you or your Counsel were to have timely submitted the hearing request form prior to the effective date of suspension listed on on your notice of revocation. Thus, invoking your right to fight that side. However, that issue aside, and regardless thereof. if you plead guilty or are found guilty while the administrative side is pending, you lose the further right to contest the suspension of your license and...

    4 lawyers agreed with this answer

  6. My question is how can DMV revoke your license if you have not been convicted of a DUI? My license have been suspended for

    Answered 10 months ago.

    1. Jason M. Glass
    2. Harley O. Wagner
    3. Thomas J Callahan
    3 lawyer answers

    In West Virginia, we have a two tier process on a dui charge. The criminal court is its own building, dates, rules and procedures and the same for the DMV side of the case. On DMV side, approximately 30 days post arrest, the citizen receives from the dmv a registered mail notice of suspension to the address on the license -noting the DMV does not forward registered mail. The citizen or his/her counsel has 30 days to request in writing his/her intent to challenge the suspension of their...

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  7. Factors that might affect BAC

    Answered about 1 year ago.

    1. Thomas J Callahan
    2. Harley O. Wagner
    3. Anthony Michael Solis
    4. Ethan Patrick Meaney
    4 lawyer answers

    As a general rule, you are not to eat or drink anything a minimum of 15 minutes prior to using the Interlock device -or submit to any form of breath testing generally. However, pizza, gum and most foods will not produce a false positive for alcohol. Inhalers, Listerine and the like most assuredly can. A breathalyzer at the scene is called a Preliminary Breath Test (PBT). They are strictly for probable cause to arrest and are administered at the discretion of the arresting/investigating...

    4 lawyers agreed with this answer

  8. Can i get a felony Dui dropped to misdemeanor?

    Answered over 2 years ago.

    1. Harley O. Wagner
    2. Ted Harvatin
    3. Jason Wade Barnette
    3 lawyer answers

    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...

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  9. Can i get off probation early in pennsylvania, after i have paid all my fines and completed all the programs and requirements.

    Answered almost 2 years ago.

    1. Harley O. Wagner
    2. Gregory David Spink
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    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....

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  10. I got a dui in ky and I now live in wv and need wv license..I

    Answered 5 months ago.

    1. Harley O. Wagner
    2. Peter Christian Komar
    3. Steven S. Wolfe
    3 lawyer answers

    Until Kentucky releases you, thus reinstated you in full there, West Virginia nor any other state in the union will issue you a license. In short, you must do all that KY requires for reinstatement or this will follow you forever. -which a knowledgeable, competent DUI Defense Attorney would have advised you of long ago. Sincerely, Harley O. Wagner, Esq. www.WestVirginiaDUILawyers.com

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