Skip to main content
Harley O. Wagner

Harley Wagner’s Answers

126 total

  • 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

    See question 
  • 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

    See question 
  • Possibility of underage consumption charge being dropped.

    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...

    Harley’s Answer

    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 in 1996 due to a DUI manslaughter. Wanting to know how I can get it back.

    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...

    Harley’s Answer

    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 
  • Is there anyway i can fight the interlock system?

    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 ...

    Harley’s Answer

    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.
    Best wishes,
    Harley O. Wagner, Esq.

    See question 
  • How long does WV have to indict on a fleeing DUI.

    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?

    Harley’s Answer

    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 
  • I got dui in west Virginia ten years ago can I just go get my drive license back or do I still have to take class

    not to many details just pulled over sent through All test and got dui

    Harley’s Answer

    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 Wagner

    See question 
  • Why can't my new girlfriend get a drivers license ? Her x husband took their car an crashed it drunk...

    The state of WV dropped the permitting to drive at the court house, but dmv charged her, SHE didn't contrary it in time. This has been a few years ago. All she wants is advice on how to get her license back. Or asks someone to help her. She has to...

    Harley’s Answer

    • Selected as best answer

    In WV, there is a two tier system and orocess on a dui charge, the criminal court and the license administrative court.
    The fact the criminal court was dismissed does not also do away with the administrative process. Since she did not respond nor challenge timely the WV DMV suspension, she automatically received the underlying suspension.
    The good news is her susoension period has long since past. She needs to now complete an approved 18 hour dui education course and pay a $50 reinstatement fre and she should be good to go. No mandatory interlock on a permitting. 90 day suspension. Again, long past. Call WV DMV at 1.304.926.2506 for guidance on approved education course in your area of country and forms needed to attest to completion thereof.
    Good lesson to all on the importance of consulting with dui counsel the moment something like this occurs.
    Much of this could have been avoided long ago if properly handled.
    Sincerely, Harley O. Wagner.

    See question 
  • Do I need a traffic attorney/DUI attorney?

    I am required to drive an interlock equipped only vehicle based on a WV DUI sentence. I was pulled over for speeding in Michigan for 5mph over in a rental car, but was not ticketed for driving without interlock as my virginia drivers license does ...

    Harley’s Answer

    First and foremost, driving without the required interlock device risks many issues being affected: your actual license; WV DMV reinstatement/release; and most of all a criminal charge if dots get properly connected.
    Aside, unless the WV DMV contacts you / receive a letter from them, then you will have been lucky as ---- without the dots connecting.
    Further conduct in this regard is beyond foolish.
    /s/ Harley Wagner - WV DUI Attorney

    See question 
  • Can i get a dui charge off of my driving record if i was wrongly accused

    i got a dui with minor. I blew a 0.00

    Harley’s Answer

    Assuming that the officer(s) is not alleging that you were DUI because of prescription medication and/or a controlled substance, and further assuming the charge was/is dismissed on the merits (or lack thereof), than "yes" you can file a motion for the expunction of your arrested record and fingerprint card destruction. WV Statute requires 60 days waiting period post dismissal before permitted to file. This will restore you to the status you held the day before this charge was lodged against you, having never been charged. Hope this helps. Happy Holidays! Sincerely, Harley Wagner

    See question