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Harley O. Wagner

Harley Wagner’s Answers

129 total

  • 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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  • My DUI was thrown out in court, but my license was suspended. How do I get it back?

    I was ticketed on the scene for suspected DUI after crashing my car. Blood was taken at the hospital, which was clean, and my DUI was dismissed in court. I was not aware that the DMV had suspended my license until AFTER the deadline to appeal. How...

    Harley’s Answer

    Contact WV DMV at 3049262506 for info on nearest approved 18 hour DUI Education course, reinstatement fee payment arrangements and potential -based on BAC allegation- of mandatory interlock installation requirements.
    Two sides to a DUI case in WV that are separate stand alone processes: criminal court and license court. So often citizens mistakenly think because criminal court resulted in 'x' he/she is done. Nothing further from the truth WV way. -which is why contacting a DUI Defense specialized Attorney is "always" prudent post arrest.
    Sincerely. Harley O. Wagner, Esq., West Virginia DUI Defense Attorney.

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  • Is there any possible way to get a CDL after getting 2nd offense dui even if involves classes or random testings of some kind?

    ive mad the mistake of drinking after receiving a lay off from a job and dealing with other personal issues as well and then hit the road and got pulled over in ohio as a wv resident , I was told I could never get a cdl back? I was hoping that may...

    Harley’s Answer

    Please go to and from there select the "find attorney" link. Once done click on the State of Ohio. You will see several of not only the finest DUI Defense Attorneys in the state of Ohio listed with all contact info, but also the nation generally. My personal recommendation is Tim Huey out of Columbus, Ohio or Jon Saia out of Columbus or Jeff Meadows. All 3 are outstanding and travel throughout Ohio. They are also personal friends and colleagues I have worked with and known for years.
    Aside, so long as you are "not" convicted of DUI "or" lose your CDL privilege in Ohio your WV CDL will be fine. Worst case scenario if your case does not result in these outcomes, you will lose your CDL for one (1) year as a first time offender (not life!!!). After which, you can get your WV CDL license reinstated.
    All is not remotely lost or hopeless Sir. There are excellent DUI Defense Attorneys waiting to help you. You just need to reach out to the names I gave you to schedule a telephone consult with each and go from there. Start with Mr. Huey. Simply outstanding.
    Here to help on any WV DMV front needed. Best of luck!!! Sincerely, Harley O. Wagner, Esq.
    The Wagner Law Firm - West Virginia's Exclusive DUI Defense Firm - - 304.901.7400

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  • Wv resident with Oh DUI. Payed everything and sent proof of insurance. Still not lifted. What do I do?

    Taken classes, payed fines and fees. Sent proof of insurance (by mail). It's been two weeks, and still not cleared on NDR.

    Harley’s Answer

    Based on your question and information, my suggestion is that you contact the DUI Division of the WV DMV at 304-926-2506 and inquire directly from them. For other than a period of perhaps mandatory interlock you were unaware of or that of the suspension period simply not being fulfilled yet, I see no impediment to reinstatement. Sincerely, Harley O. Wagner, Esq. - The Wagner Law Firm - Exclusive West Virginia DUI Defense -

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  • Is there away to get my Driving privileges back ,while waiting to finish my counseling,DUI classes,so I don't lose my job?

    I was working in New Martinsville WV, 9years ago,when I got a DUI,I was sent to another job soon after,I never heard another word from WV about it,I went to renew my liscence,WV has a hold on it,having trouble getting ahold of Wv DMV ,Took an asse...

    Harley’s Answer

    Yes, you can, 'get your driving privileges back, while waiting to finish your DUI counseling, DUI classes, so you do not lose your job.' However, the only way this is going to happen is for you to immediately contact the WV DMV Interlock Department at 304.926.2507 in which to make prompt application for the interlock. They will mail you out application or direct you on-line in which to expedite. Print out. Fill out. Next day mail back to WV DMV. Once approved, they will notify you in return U.S. mail of your approval with a Pin # contained in said approval letter with local # for Life Safer or Smart Start Interlock Company contact info closest to you in Utah. This will also facilitate reinstatement / renewal of your Utah license. As a first offense, your interlock period would be 4 months IF alleged BAC was

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  • Four years ago got charged with DUI in Virginia when 18 years old blew .o8 BAC. Last weekend got pulled over in West Virginia

    and blew .16 got charged with aggravated DUI. Does this count as my first or second? Can West Virginia take my Virginia license? I live and work in Virginia.

    Harley’s Answer

    • Selected as best answer

    You would have to look at your charging documents in the paperwork you received + when your bond was established and charges read to you, you should have been advised whether you were being charged with a DUI 1st offense or DUI 2nd offense. Yes, you can be charged with 2nd offense in WV using the prior DUI in VA as the predicate conviction. Your age is irrelevant to the aspect of enhancing your charge. There will be a WV DMV proceeding against you to which can and will have consequences with the Virginia license. In short, you need to consult with a West Virginia DUI Attorney and one to whom focuses and specializes in DUI Defense. I would be happy to consult with you. Sincerely, Harley O. Wagner, Esq. - The Wagner Law Firm - West Virginia's only exclusive DUI Defense Firm - - - 304.901.7400. Thx.

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