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,...
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! ;-)
Harley O. Wagner, Esq.
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...
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.comSee question
Hi my bother-in-law who's from Mexico City and was staying here for a couple weeks work related , got arrested over the weekend in Fayette County, WV for a DUI and speeding at 100mph , he was suppose to flight back to Mexico on Thursday. He has a ...
Being charged with a felony will require your counsel to file a bond modification request to allow you to travel home. Until then absolutely not allowed.
Zero chance they will dismiss simply because you are from a foreign country.
And absolutely need counsel. Felony charges are very serious and carry potential penitentiary sentences.
I will be happy to consult with you or a loves one if desired.
My statewide law practice is exclusive to DUI Defense.
Harley O. Wagner
you want from the Director who can you go to next, Who does the director of the DMV answer too.
The Attorney General of WV.
Harley O. Wagner, Esq.
I was arrested a few days ago for a DUI. (less than week) I have an NJ license but the DUI took place in WV (where I live/attend school) Can I get my NJ license quickly transferred to a WV license so I will not face charges in two states?
You are eligible to switch to a WV license while all is pending, however you are not facing charges in both states.
The administrative side of your dui case will present chance of you being suspended to drive within the borders of WV, followed by a period of interlock installation in your vehicle for the WV DMV to ultimately release / reinstate you here (length depending on BAC allegation).
The NJ license -unless a special license like a CDL- is governed by the criminal court and in all the years of doing dui defense work, and caring for many NJ licensees, I have yet to see a first offense out of state cause issue with the actual NJ license.
/S/ Harley O. Wagner, Esq. - www.WestVirginiaDUILawyers.com
I was arrested in WV back in 2009 for a DUI. I was convicted through magistrate promptly for a reckless operation. My DMV trial was continued numerous (not because of me). I went to the DMV in a snow storm with my attorney and no one told us they ...
Unfortunately, you are going to have to enroll and complete dui safety treatment course / classes, pay reinstatement fee, go 45 days no driving followed by 9 months mandatory interlock or this will follow you forever and WV DMV will never release you and you'll be suspended the rest of your life. And no other state will issue you a license now that you are actively suspended for dui I. WV until such time as you complete all and WV releases you. Winning the Powerball is better chance than being successful appealing. So sorry. Sincerely, Harley O. Wagner / www.WestVirginiaDUILawyers.comSee question
I got a dui in ky 2 years ago started the classes in ky and had to moveto wv and I just completed all the dui classes for wv but ky requires more classes and I done everything wv required to get wv license but ky requires more classes then wv doe...
Until Kentucky releases you, thus reinstated you in full there, West Virginia nor any other state in the union will issue you a license. In short, you must do all that KY requires for reinstatement or this will follow you forever. -which a knowledgeable, competent DUI Defense Attorney would have advised you of long ago.
Sincerely, Harley O. Wagner, Esq.
Didn't have a lawyer (wrong decision) and pled guilty because I thought I had to. Was given the option to face prison time or home confinement...again, because I thought I had to.....
Given the information you have provided, the short answer would be, 'no.' You plead guilty and it does not at all appear that you did so through the 17C-5-2b deferral program, where in certain instances you can.
Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com
Recently received letter from the DMV of license revocation April 12th. Can challenge and represent myself or have an atty...grounds for challenging? I didn't refuse the secondary chemical test; no reasonable suspicion existed to initiate the traf...
Performing surgery on one's self never wise -not is attempting to represent one's self in any legal setting. While never a guarantee, fighting the suspension of your drivers license with qualified dui defense counsel gives you a legit chance.
However, if you walked in to criminal court, rolled over and plead guilty, the right to an administrative hearing will be taken away and underlying suspension enacted via notice in mail. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com
I admitted to taking Tylenol with codeine three hours before the arrest. What evidence does the prosecutor have to present for conviction. Officer claims I was weaving and crossed center line. I am handicapped and not able to perform sobriety test...
In West Virginia, in order to secure a right to a jury trial as opposed to bench trial, you or your retained counsel must so request within 20 days of arrest; or alternatively, if indigent your public defender must do upon being appointed which is only way can be outside 20 days. Be happy to consult. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawuers.comSee question