Do your research and seek to hire a well trained, experienced DUI Defense Attorney, whose law practice solely focuses on the defense of citizens accused of driving under the influence. -particularly given the nature of your case and criminal allegations. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com
Do what all citizens do when wrongfully accused by our government of wrong doing, hire competent criminal defense counsel and fight back. You should get an initial hearing date in the mail in the coming days. At this hearing the state will have to produce discovery evidence / police report, etc. that you and your attorney will use, along with your witnesses, to mount your defense. If the state doesn't wish to dismiss voluntarily, a bench trial with the assigned magistrate will take place...
Yes. WV has reciprocity with PA and MD when comes to acceptance of each state's license "alcohol safety education" classes.
Nearest WV DMV can provide contact info on closest course for prompt enrollment.
Harley O. Wagner, Esq.
I would recommend consulting with a West Virginia attorney who focuses on DUI Defense and has the needed and requisite training in breath machines and the numerous ways they can produced what is called false positives due to certain medical conditions -specifically that of the Intoximeter EC/IR II used in WV. A reputable breath test scientist is going to be needed as well.
Sincerely, Harley O. Wagner, Esq. - West Virginia DUI Defense Attorney - WestVirginiaDUILawyers.com
While there are indeed some citizen questions that any experienced DUI defense attorney in the country can answer, I -like many of my equally well trained and experienced dui defense colleagues around the country- think it FAR more prudent to answer citizen questions from the attorney's HOME state and not give advice to citizens in state's he/she does not practice in.
Having passed along that pearl of wisdom, this is a WEST VIRGINIA question. As the CEO of West Virginia's only exclusive DUI...
First and foremost, if it is a simply an initial hearing or status type hearing the officer does not need to be present and thus such a motion would have zero merit and of course be denied. IF it is a motion-suppression hearing and/or trial -ie adversarial proceeding- then, yes, the officer must be present and such a motion could be prudent strategy.
In that instance, IF there has been no continuances on behalf of the defense issued and the time period from arrest date to present date is...
Yes, you will still be able to move forward with the filing of your expunction motion in the county of arrest circuit court. A "criminal" violation of law during the one year period can be an impediment to having your arrest record expunged; however, "traffic offenses" are not an impediment.
In short, no worries on deferral expunction.
Sincerely, Harley O. Wagner, Esq.
Short answer, no. -with this piece of advice, they can't take your license for one solid year no driving whatsoever followed by 2 years mandatory interlock installation from there until they a) have a hearing; b) officer shows at hearing; and c) decision comes back 4-5 months later advising you lost and when suspension starts. ...Don't be inpatient to your detriment. Your driving, working and caring for yourself and family. Don't be at a rush to lose that. They're hard to win even for the...
Even though 6 years ago, your Son did not have a driver's license, the DMV still assigns a case / file # to him, so that if there is a suspension levied against by the DMV and he tries to get a license one day down the road, he will first have to satisfy the requirements of reinstatement for the DUI.
Given the time that has passed, I'm confident that it would be the completion of the six week alcohol safety treatment course -a.k.a. the dui license classes. The DMV can provide the nearest...