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Harley O. Wagner

Harley Wagner’s Answers

124 total

  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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

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  • 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.

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  • 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

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  • 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

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  • DUI first timer program/out of state

    A received a DUI a few months back in Morgantown WV, and was placed in the first timers program, which requires me to get an interlock placed in my car and take AA classes. I am currently living in NJ. How do I got about finding the classes in m...

    Harley’s Answer

    The DUI Education course cannot be taken on line in West Virginia. Contact the headquarters of our WV DMV at 304.926.2506 / DUI Division to inquire about the closest "approved" DUI Education Course in your part of New Jersey that the WV DMV will recognize. *Keep in mind that often times Magistrates, Prosecutors, and particularly law enforcement, make citizens believe that the WV DUI Deferral Program is something easy to accomplish and that a citizen does not need an attorney and can do all on their own. Nothing could be further from the truth. And if this is mishandled in any way, you will stand convicted of Drunk Driving and forever have a criminal record. For you have already plead guilty and waived all of your constitutional rights. Yes, they make you do that right out of the gate so they got you if you fail in anyway to complete the 2+ year process.
    Sincerely, Harley Wagner - West Virginia DUI Attorney

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  • I was arrested for DUI ,left of center, and child neglect. I had soboxone and a trace of barbiturates in my blood test. How can

    I be charged DUI when thousands of people drive on soboxone every day. But I have no prescription. My boyfriend was with me and my daughter was released with him. Am I being treated fairly?

    Harley’s Answer

    The police can charge a ham sandwich with a crime! That part is easy. Doesn't mean the sandwich is actually guilty however!

    Translated: DUI Drugs is the most prevalent and increasing DUI charge in the nation.

    Yes. They can charge. Yes. It is much harde to convict.

    Sounds like you need to talk to a West Virginia Attorney that specializes in DUI Defense.



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