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Harley O. Wagner
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Harley Wagner’s Answers

124 total


  • 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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  • First time offense of anything on my record first time dui what can i really expect

    will i be eligible for the deferral program

    Harley’s Answer

    Hard to tell based on the limited information. If agreed to blow in machine at station and number is alleged to be .149 or less yes, you are eligible, or if you refused the breath machine at the station, either way.

    Any other scenario, than no. And if u hold a CDL u are not eligible either.

    Feel free to call the office to schedule a free consult.

    /s/
    Harley O. Wagner, Esq.
    The Wagner Law Firm
    Exclusive West Virginia DUI Defense
    www.WestVirginiaDUILawyers.com

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  • How many times can a aggravated Dui be discontinued of the dmv courthouse before it is dismissed?

    I live in WVa and my DUI hearing of the DMV court has been postponed twice now the first time was due to the cop out of town and my lawyer and I did not know why it happened a second time.

    Harley’s Answer

    There is no statute of limitations or time limitations on when a WV Administrtaive hearing must be held. Sincerely,
    Harley O. Wagner, Esq.
    www.WestVirginiaDUILawyers.com

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  • D.U.I

    Okay I got pulled over an was giving a DUI.. The cop said I was going 37 in a 25? But the cop never put a radar on me so it's not on file so he had no reason to pull me over so could I fight that DUI

    Harley’s Answer

    There is the even less reliable determinate of speed known as "pacing" where officer maintains a speed and distance behind you for a period.
    No matter, this scenario is most assuredly a viable defense issue each and every time, particularly if there is no other bad driving alleged or easily proven, much less actual signs and factual basis of intoxicated driving / being an intoxicated driver.
    The lawfulness of the stop very much the first point at issue in this scenario and most DUI arrests.
    Be happy to consult further.
    Sincerely, Harley O. Wagner, Esq. - www.WestVirginiaDUILawyers.com

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  • Recived underage at WVU I'm 18 years old

    i recived a underage citation the cop told me to pay it and I'm good so i mailed it in what if they never get it? do i go to jail? i live in md how will they get me. Its a underage citation that probably got lost in the mail. Would i be a fugitive...

    Harley’s Answer

    The unanswered citation will eventually connect to Maryland and your license will be suspended until such time as you pay, and if get pulled over in WV you will be driving on a privilege there suspended for unpaid citation and will get charged accordingly. /s/ Harley O. Wagner, Esq. - www.WestVirginiaDUIlawyers.com

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  • If I have a DUI from 8 years ago can I clean my record?

    It is my only offense evvveerr

    Harley’s Answer

    Unfortunately not. In June of 2012, WV created a deferred disposition law on certain types of first offense dui cases with no prior history; but, until then no dui conviction was expunge able from one's record. Sincerely, Harley O. Wagner, Esq. www.WestVirginiaDUILawyers.com

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

    I have a block on my ohio license due to fta in cali on dui (.09). Cali isn't extraditing and i can't affford to go there. What can i do to get my the caki dmv block off. AGAIN I STRESS I CANNOT GET TO CALI PHYSICALLY OR AFFORD AN ATTORNEY

    Harley’s 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 slightest.
    /s/ Harley O. Wagner, Esq. - West Virginia DUI Defense Attorney - WestVirginiaDUILawyers.com -

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  • What are my rights at a sobriety checkpoint and what is the best way to handle an encounter with an officer at said checkpoint?

    Drove into a sobriety checkpoint. Did not notice if everyone was being stopped or if there was profiling. Am over 30/M, look about 25, was alone. Trooper approached vehicle, asked "how are you doing?" Put vehicle in park, turned on overhead light,...

    Harley’s Answer

    You have the same Constitutional rights at a sobriety checkpoint as you have anywhere else as an American citizen. The right to remain silent being one of them. Beyond a simple courteous response to: "how are you doing?" with as you did, a "fine, thank you", you need not answer anything further and if wanting to be rude even that. When the second question hit my response would have been: "officer with all due respect, I've done nothing wrong and don't wish to answer anymore questions and I wish to move along." Or words to that effect.
    Citizens see flashing lights and men and women in uniforms and it's as if they go brain dead and forget that they are American citizens with guaranteed constitutional rights.
    So, use them! ;-)
    Sincerely,
    Harley O. Wagner, Esq.
    www.WestVirginiaDUILawyers.com

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

    I'm from Mexico city, I just came to WV to have some meetings, I will go hire possible soon by an American Company to remain on WV. I'm suppose to flight back to Mexico for other works before my court, I have 100 percent of my bond so can I flight...

    Harley’s Answer

    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

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