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...
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 WagnerSee question
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 ...
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 AttorneySee question
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...
Yes, a civil court disposition presents no legal barrier for a prosecuting authority to file a criminal charge related to the same events.See question
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...
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 WagnerSee question
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
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.
Over the weekend I was stopped by an officer and given an underage consumption ticket with a court date on March 17th. The officer said to me personally "If you just show up to the court date the charge will be dropped". There was a friend with me...
I suggest going to court -as you are required to by law regardless (unless wanting to plead guilty and pay citation), with your witness, see if they do on their own and if not, advise prosecutor and judge the discussion/promise officer made to you. Prodecutor's call not cops but have a strong hunch all is going to go just fine. Thx, Harley Wagner, Esq.See question
Lost my License indefinitely due to DUI manslaughter. This all happened in Florida in January 1996. I have been out of prison after a little more than 9 years served. I contacted Florida DMV but was given no real answer how to get it back. I was t...
Hello Sir. As this is clearly an issue with the Florida DMV, and their requirements for you to be reinstated in their state, which in turn will allow you to obtain lawful licensing here in WV, I am going to have to suggest that you again contact the Florida DMV, DUI Division. Explain that you were convicted of DUI Manslaughter back in 1996 and at the time held a Florida driver's license, which due to said conviction was suspended. You were released from prison in 2005(?) and am now living and working in the state of West Virginia. The purpose of your call is to find out exactly what you need to do to have Florida reinstate your FL driver's license so that you can in turn obtain lawful licensing in your home state of West Virginia. *There is usually a form of a DUI Education course requirement and that of a reinstatement fee. Given that it was going on 20 years ago when this occurred, you should assuredly be eligible for reinstatement provided you fulfill the requirements for reinstated by the FL DMV, which appears clearly you never did or knew to do. If you have further trouble with this endeavor in Florida then I am going to recommend you hiring FL DUI counsel to assist you in the steps needed to get the FL DMV to reinstate you. Sincerely, Harley Wagner.See question
I was charged with a dui in 2012 as a minor. i served 6 months and and now trying to get my licence back. To receive my licence back i need to have a car with the interlock system, to get the interlock i need to have insurance, to get insurance i ...
You can file an "Incapable Request Motion" with the WV DMV sighting lack of vehicle ownership, which is one of the statutory exceptions to WV's mandatory interlock laws. In those instances where a citizen does not own a vehicle, you get a hard six months no driving suspension (if 1st offense level), and are still required to complete an 18 hour DUI Education course and pay your reinstatement fee.
The WV DMV Interlock Division can further assist on how and where to file this motion.
Harley O. Wagner, Esq.
I received a fleeing DUI charge around November 2013. The charge was dismissed in magistrate court in February 2014. Can I still be indicted and if so how long does WV have to indict?
In West Virginia, they would have three additional Grand Jury terms of court to indict you - which are in 4 month increments in all 55 WV counties: April/May; Sept./Oct.; Jan./Feb. So, if you get to the end of this month without receiving word of your indictment then you should be okay as to a potential felony fleeing dui grand jury indictment. The WV DMV however is a wholly separate proceeding and aspect of a WV DUI charge that you should also be aware of and look into. Sincerely, Harley O. Wagner, Esq.See question
not to many details just pulled over sent through All test and got dui
The DUI Education classes are part of the required reinstatement process and must be completed or you will never be lawfully reinstated in West Virginia the rest of your life. Sincerely, Harley WagnerSee question