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Harley O. Wagner

Harley Wagner’s Answers

124 total

  • Arrested for DUI and speeding

    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 ...

    Harley’s Answer

    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

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  • If you have a bone to pick with the DMV and your not getting the answers

    you want from the Director who can you go to next, Who does the director of the DMV answer too.

    Harley’s Answer

    The Attorney General of WV.
    Harley O. Wagner, Esq.

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  • DUI/Licenses question

    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?

    Harley’s Answer

    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. -

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  • I am desperately I need of help!! DMV is trying to take my license from a charge in 2009???

    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 ...

    Harley’s Answer

    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 /

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  • I got a dui in ky and I now live in wv and need wv license..I

    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...

    Harley’s Answer

    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.

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  • Is there any way in which one can have their DUI record expunged after a certain period of time?

    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.....

    Harley’s Answer

    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. -

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  • Round two...arrested for DUI in August...pulled over for 'high beams'...pled guilty as I didn't know the ramifications.

    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...

    Harley’s Answer

    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. -

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  • In West Virginia if you insist on a trial is it a bench or jury trial? BAL= 0.000

    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...

    Harley’s Answer

    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. -

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  • Whenever someone is arrested for a DUI in WV, isn't the arresting officer required to issue a ticket?

    a friend of mine was arrested for a DUI, was not inside of her vehicle, and was asked where her car was- AFTER already being arrested. The officer did not even issue a ticket.

    Harley’s Answer

    Issue 1: Officer does not need to visually observe a citizen driving in order to charge DUI so long as the facts and circumstances suggest only way citizen got where they are at was to have just driven. Ie a circumstantial type case - harder to prove at times but certainly still prosecutable.

    Issue 2: There is no legal requirement you physically be handed a ticket when placed under arrest for DUI. In those rare circumstances a criminal complaint (charging document) is not issue at time of processing post arrest, it routinely is when arraigned and post bond.

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  • What does ddm dui-contr subst cmv/cdl mean?

    the adm dui-contr subst cmv/cdl conv. date was 09/23/09 incident date 10/29/08 points 0 state/court 999 and then there is a dui less than .15 conv. date was 06/18/09 and incident date 10/29/08 points 0 state/court 027. what does that mean? then at...

    Harley’s Answer

    What this means or is indicative of is your criminal history / driving record. It appears as if you had a DUI charge on or about October 29, 2008 that resulted in you losing your DMV hearing / CDL license on 9/23/09 and same said charge resulted in a criminal court conviction on 6/18/09. The state/court #'s are simply setting forth what location / jurisdiction in the state as in location obtained.
    The remainder simply sets forth in greater detail when all aspects of your 10/29/08 arrest concluded, when, where and for what duration.
    Basically sets forth your DUI case of 2008 and how it resulted and when both administrative license wise and criminal court wise. Good news appears that you only had one such charge/conviction and that your CDL is again valid.
    Best wishes. Sincerely, Harley O. Wagner, Esq. -

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