Harley O. Wagner’s Answers

When you say WV resident, I am assuming you are also maintain a WV driver's license. First and foremost, you need to do your due diligence and research your prospective DUI defense attorney in which to insure you hire someone who specializes/focuses on this singular area of law. Tim Huey, Jon Saia and Jeff Meadows in the Columbus, OH area are 3 of the finest in the state of Ohio in the arena of DUI defense -and are personal friends and colleageus to whose work product I can personally vouch for....

Go to NCDD.com. It's the National College for DUI Defense website, which is an organization that comprises the finest DUI/DWI attorneys in America who specialize in this area of law. Select Texas in state by state listing first. Pick out any number of excellent TX DWI attorneys. Email one/two of them. Do same for NC. You will get your answer in no time. Typically home state goes off criminal court result as dui conviction than what happened on the administrative side pf case in that state. CDL...

Short of requesting a new device be installed to replace your old one, the only other avenue would be to seek a medical incapable status, which would require a letter from your doctor and a subsequent motion request to DMV. If approved however you then must go the max 6 months with zero driving, as opposed to just the 45 days you did. Bottom line: bite the bullet and soldier through it is best advice. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com

First and foremost, 3 of the 4 will go on your permanent life time record as criminal convictions. Most importantly, obstruction of justice is a very unflattering conviction to have on one's record for life. At minimum, I would strongly suggest requesting the hearing, attending the hearing, and therien discussing with the prosecuting authority the potential for a far more favorable plea disposition agreement. -And of course the #1 rule: You wouldn't attempt to perform surgey to yourself anymore...

It can, yes. But the lack of any testing will make it difficult on the prosecution. -assuming there is a well trained, experienced DUI defense attorney beside you. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com -- ps: P.I. is a criminal charge that if convicted upon will remain on your record for life.

Sir/Maam, While understanding of the nature of your question, it is impossible to provide you with any type of a response that remotely explains with any degree of factual accuracy the answer(s) you seek without knowing much, much more about the case and factual allegations. To do otherwise would be to simply speculate and that is never prudent for a professional to do. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com

Dear Maam, It is difficult to answer this question on the liminted information received. It sounds as if there is but a minor issue or two needed to clarify and correct this problem. I am thinking perhaps reinstatement fee payment and/or proof of license class completion in Virginia having been provided to West Virginia. I suggest you go into your local WV DMV detachment and inquire as to why your husband's license was not renewed and what is needed to so renew / return to lawful standing....

I am responding to your response to my original post. Given that you have already entered a conditional guilty plea in the crimial court, therein electing to go the deferral route, you have also agreed to concede/withdraw the pending DMV side of your case and voluntarily assume the underlying suspension as stands. -which, per alleged BAC at station. would put you in the 45 days down / 9 months blow tube. Basically, the route you are going makes this whole discussion moot. You're not -and...

The only legitimate chance would be the hiring of a breath test scientist / toxicologist to testify at your DMV hearing that based on the evidence that at time of driving, and in the light most favorable to the government's case, you were under a .15, which should result in a non-aggravated suspension being levied against you -i.e. 15 days down / 4 months blow tube NOT aggravated penalty of 45 days down & 9monhts blow tube. This is your only legitimate chance. Making that argument without...

Sir, You can seek "incapable" status with the WV DMV due to your lung condition. As suggested, some supporting medical documentation -or at minimum a letterhead based letter from your physician outlining your condition and inability to produce enough lung air to satisfy an interlock device- submit to Charleston and your suspension can be turned into a "hard" suspension with no blow tube requirement. However, you will not be able to lawfully drive until full suspension period has been...