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...
First and foremost, if it is a simply an initial hearing or status type hearing the officer does not need to be present and thus such a motion would have zero merit and of course be denied. IF it is a motion-suppression hearing and/or trial -ie adversarial proceeding- then, yes, the officer must be present and such a motion could be prudent strategy.
In that instance, IF there has been no continuances on behalf of the defense issued and the time period from arrest date to present date is...
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.
Harley O. Wagner, Esq.
The Wagner Law Firm
Exclusive West Virginia DUI Defense
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...