State v Jock Sanders

Harley O. Wagner

Practice Area:DUI / DWI

Outcome:Dismissed and expunged from record

Description:In the Summer of 2009, I got a phone call from West Virginia Universtiy head football coach and friend, Bill Stewart. "Stew" advised that one of our young men on the football team had gotten a DUI charge in Morgantown. "Stew" wanted to know if I'd be willing to help out. I of course responded that I would gladly help out and was honored that of all the phone calls he could have made for help my number was the only one he cared to call. Stew said, "everyone in West Virginia knows you are the guy when it comes to DUI defense, plus you're my buddy and a die hard Mountaineer." The case itself was a .12 BAC allegation with some alleged bad driving prior to stop. The real key was that Jock's ability to continue playing on the team, and that of his ability to continue to persue his dream of playing in the NFL hung in the balance. At the end of July of 2009, we attended our first court appearance. Prior to, I had engaged in much back and forth plea negotiation with the assigned assistant prosecutor. We ended up presenting a plea agreement to the assigned Magistrate calling for Mr. Sanders DUI charge to be dismissed and re-filed as a Driving With Measurable Amount of Alcohol charge. In West Virginia, upon successful completion of the license reinstatement course and a period of "blow tube" installation in the citizen's vehicle, this charge not only gets automatically dismissed by the Court, but expunged from the citziens record like ithe arrest never happened. Jock has now complied with each and every obligation required for his case to be dismissed and expunged from his record. We now are simpy awaiting a date to return to court to effectuate the full dismissal of his case. The thing I am most proud of about this case is that not only is this is a good and decent young man, but one who my efforts afforded the ability to continue to chase his dream of playing in the NFL. It is one client and case I will remember fondly for the rest of my career.

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