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Harley O. Wagner
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Harley Wagner’s Answers

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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 - www.WestVirginiaDUIDefenseLawyers.com

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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 - www.WestVirginiaDUILawyers.com - HWagner@WestVirginiaDUILawyers.com - 304.901.7400. Thx.

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  • If I'm driving under the influence and the car is in my husband's name and he is in the vehicle as well, will he also get a dui?

    I've been told that driving another person's vehicle in WV while under the influence can cause them to get a dui as well. Is this true? And is it also true for married couples?

    Harley’s Answer

    Yes, the government can try and charge a husband or wife with permitting DUI, and in fact had my first one in 16 years last year. The officer was relying on the fact the vehicle was only titled in wife's name and husband was driving. I got it dismissed as prosecutor didn't want to fight me on it.
    However, the real crux legally is whether or not it is jointly owned property as in you do not need "permission" to drive / use that which legally is yours. So, just make sure the vehicle(s) are registered in both your names and your insulated from this asinine charge from ever even having a prayer of being successfully prosecuted.
    Sincerely, Harley O. Wagner, Esq. - The Wagner Law Firm - West Virginia's Premier DUI Defense Firm - www.WestVirginiaDUILawyers.com

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  • Should I get an attorney?

    I was in one lane rd that goes through federal park and swerving to miss many pot holes. A federal park officer pulled me over an claimed I was impaired. I took and passes a breathalizer and let him search my car. He then gave me a ticket for fai...

    Harley’s Answer

    Yes, you absolutely should and do need a Maryland DWI Attorney that has and does also appear in Federal Court. Leonard Stanm of Greenville, MD area is if not the most reputed DWI Attorney in Maryland -and who wrote the book on DWI Law there- he is indeed on the short list. 1-240-460-2137 is his number. I have personally known and worked with Mr Stamm for over a decade now. He is excellent! /s/ Harley O. Wagner, Esq. - www.WestVirginiaDUILawyers.com

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  • If a dui is dropped in criminal court what happens with the dmv? Do u still lose ur license have to have an inter lock an aa??

    If the cop doesn't show up for court can the dui still be dismissed and what happens with the dmv

    Harley’s Answer

    Unfortunately, the West Virginia administrative aspect of a DUI case is and has been for several years now, in a nutshell, a kangaroo court joke! Yes, a jury can find you not guilty or the case can be tossed out on other grounds or reduced by agreement to a non DUI and the WV DMV can and will most assuredly continue to seek suspension of the driver's license. And quite often they succeed at doing just that.
    Further establishing the taxpayer cesspool of a joke the administrative process has become in West Virginia is the DMV is now fighting tooth and mail with the dui defense bar to have suspensions upheld even when an officer doesn't appear at the license administrative hearing. This aspect is currently fluid with no high court ruling as of yet on this issue. So, I can't say as of 8/7/14, that too may not be a reality one day soon.
    I would be happy to consult further as (West Virginia) DUI Defense is the singular focus of my law firm and the only type of cases I handle. And to which I am the only lawyer in my state who singularly focuses on DUI related cases. Sincerely, Harley O. Wagner, Esq. - www.WestVirginiaDUILawyers.com

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  • Is it required in WV to have a interlock system in your car to get your DL back

    I got a dui in december 2010 in WV but had a PA licence at the time im a resident of WV now and i was told to get my dl back i have to have a blow and go in my car for 9 months is there a statue of limitations to where i can wait a number of year...

    Harley’s Answer

    Had you had competent dui counsel back in 2010, and as a non-resident, you could have elected the six month no driving in WV with classes and reinstatement fee and been good to go. Those days are now long gone. Interlock providers are everywhere throughout country now and DMV's state to state much more streamlined. In early 2014, WV eliminated this non resident aspect and now required all aggravated first offenses, whose suspensions are upheld, to do the minimum mandatory 9 months interlock (w/ classes and fees) or you'll never have a lawful license the rest of your life. Good luck. Harley O. Wagner - WestVirginiaDUILawyers.com

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  • Can i get a cdl after 2nd offense dui in ohio as a wv resident since i was only a cdl permit holder

    i recieved second offense dui in oh but live in wv and had only a cdl ''permit'',can i ever get a cdl now? charges have already been applied as well

    Harley’s Answer

    If you are to be convicted of a DUI OR have your privilege to drive in Ohio suspended for DUI, you will lose your CDL privileges in all 50 states for 1 year at minimum and if two convictions found, -even if didn't hold a CDL on the first DUI, you will lose the CDL for life. Very serious and harsh penalties in WV on CDL holders, permits or otherwise. Tim Huey or Jon Saia in Columbus, Ohio area are outstanding DUI defense attorneys as is Jeff Meadows. Google them and you will see contact for each. Please use my name. You need an experienced DUI Defense Attorney that focuses his or her practice on DUI Defense, and one that has represented many CDL holders. These are your folks in Ohio. Sincerely, Harley O. Wagner, Esq. - www.WestVirginiaDUILawyers.com

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  • Should I get a WV driver's license after a DUI?

    If I live in West Virginia (but neglected to change my driver's license over from Maryland where I previously lived) and then got a DUI in West Virginia, should I get my WV driver's license before my DUI hearing?

    Harley’s Answer

    Yes. You have a lawful obligation to switch driver's license, tags, registration, etc. regardless of your dui charge as you are now a resident of the state of West Virginia.
    Aside, the defenses in your case or possible administrative consequences are not benefitted or harmed by staying with MD license versus switching to WV license.
    The possible administrative (and criminal) consequences will be the same. So, get switched over as required while all is pending.
    Be happy to discuss your overall dui case as well. All I do.
    /s/ Harley Wagner - West Virginia DUI Defense Attorney - 304.901.7400 -www.WestVirginiaDUILawyers.com

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