Harley O. Wagner’s Answers

Harley O. Wagner

Martinsburg DUI / DWI Attorney.

Contributor Level 10
  1. 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?

    Answered about 1 month ago.

    1. J. Brandon Shumaker
    2. Harley O. Wagner
    3. Peter John Marek
    4. Robert Bruce Kopelson
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  2. I have a block on my ohio license due to fta in cali on dui. How do I resolve this?

    Answered 5 months ago.

    1. Harley O. Wagner
    1 lawyer answer

    You will need to contact the California DMV to see what you need to do to satisfy your privilege to drive in that state and from there so long as do all, CA DMV should release which will allow home state to renew actual license. Additionally, on criminal court side, you will have an open warrant for your arrest in the state of California until the day you die unless appear and answer -noting any law enforcement agency in America or any background check will also reveal. Not wise in the...

    2 lawyers agreed with this answer

  3. Hi I'm accused of Misdemeanor and Felony offense of DUI; can I do get a light sentence? police may not had physical evidence

    Answered 6 months ago.

    1. Seth S. Gaskins
    2. Harley O. Wagner
    3. Jason M. Glass
    4. Susan Dianne Bratcher
    5. J. Denise Carter
    5 lawyer answers

    You need to consult with an experienced, well trained West Virginia DUI Defense Attorney Sir. These are serious charges you are facing. If desired, I would be happy to engage in my standard free consultation and go from there. My statwide law practice is exclusive to DUI Defense. Sincerely, Harley O. Wagner. wwwWestVirginiaDUILawyers.com

    2 lawyers agreed with this answer

  4. I was arrested in Morgantown for a 1st offence DUI on June 9th. What do I need to do?

    Answered over 1 year ago.

    1. Heather Rogers Straub
    2. Derek Anthony Patrin
    3. Jasen Bodie Nielsen
    4. Christopher Irvin Simser
    5. Harley O. Wagner
    5 lawyer answers

    As we have not talked on the telephone as well, I am confident you realize and appreciate the process and that IF going the 17C-5-2b deferral route, the 165 days of Interlock is mandatory in which to achieve case dismissal and eventual arrest record expunction. Sincerely, Harley O. Wagner, The Wagner Law Firm, West Virginia's Premier DUI Defense Firm - WestVirginiaDUILawyers.com

    2 lawyers agreed with this answer

  5. What do I expect on second dui?

    Answered over 1 year ago.

    1. Harley O. Wagner
    2. Jason M. Glass
    2 lawyer answers

    You should expect that they are going to be prosecuting for DUI, and perhaps DUI with Injury if anyone else was alleged to have been injured. You should also expect to have a separate DMV proceeding where DMV will be seeking to suspend your license. This notice of revocation will be sent registered mail to address on your license in about 3-4 weeks post arrest date. If address is not correct you will need to get corrected ASAP with DMV to insure getting it and being timely responded too in...

    2 lawyers agreed with this answer

  6. First time dui charge along with reckless driving, vehicular assault and hit and run. What do I do?

    Answered over 1 year ago.

    1. Harley O. Wagner
    2. Jason M. Glass
    3. Robert C. Keller
    3 lawyer answers

    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

    2 lawyers agreed with this answer

  7. I have been cited with underage drinking but there were NO tests taken and the officers saw no alcohol. How can i contest?

    Answered over 1 year ago.

    1. Harley O. Wagner
    1 lawyer answer

    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...

    2 lawyers agreed with this answer

  8. I was charged with a DUI in Maryland but had a PA license and now a resident in WV. Can I take the alcohol classes in WV?

    Answered over 2 years ago.

    1. Harley O. Wagner
    2. Joseph A Lo Piccolo
    3. Mark Nickolas Longwell
    3 lawyer answers

    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. Sincerely, Harley O. Wagner, Esq. WestVirginiaDUILawyers.com

    2 lawyers agreed with this answer

  9. How to get a DUI dropped?

    Answered over 2 years ago.

    1. Harley O. Wagner
    2. Philip Daniel Hache
    3. James J White
    3 lawyer answers

    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

    2 lawyers agreed with this answer

  10. If you are arrest for a DUI in your own personal vehicle ( but you have a CDL) can your CDLs still be revoked??

    Answered over 2 years ago.

    1. Harley O. Wagner
    2. Gregory David Spink
    3. Ted Harvatin
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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