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...
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...
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
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
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...
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...