With the way that the system is set up in West Virginia, and also most other states, you do not need to be convicted of a DUI in order to have your license suspended. Upon arrest for a DUI in West Virginia, two separate processes begin to run their course. First there is the criminal process, this determines nothing but jail time and fines. Second there is the administrative process which only determines license suspension issues. They are two separate and distinct processes that do not...
That is slightly inaccurate. A plea of "not guilty" does not result in court costs being assessed. However, if you are later found guilty by the magistrate on the ticket, then you will be assessed court costs.
Regardless, there is no way around court costs once you are convicted. Everyone has to pay the same court costs no matter what the charge or violation. Furthermore, costs are not set by the magistrate clerk of your county, but by the legislature each year.
So, your only way "...
There is a 10 year look back period for DUI enhancements. So, if you husband was CONVICTED in 2003, then they will not be able to enhance a 2014 arrest to a Second Offense.
The bigger issue is going to be the DMV and saving his CLD endorsement. If DMV finds against him, because this will be the second DUI in his life, his CDL endorsement will be permanently revoked.
I highly suggest you find the funds to hire an experienced DUI attorney to represent your husband.
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If the Judge has accepted your plea, and the original charges have been dismissed, he can only sentence you on the charge that you have pled to. However, he does not have to follow the sentencing recommendations made by either your attorney or the prosecutor. He can sentence you to any sentence that the statue allows.
If you do not enter a guilty or no contest plea to the ticket, chances are they will enter a not guilty plea on your behalf and set the case for a hearing.
As stated in my answer to your other question, the only way around court costs is to win your case or have it dismissed. You will not be able to just give them $5.00 for the fine and be done with it.
I would agree that generally police cannot come to your home and administer a breath test, unless as a condition of your bond you are on home incarceration, which would allow them to enter your home generally.
It sounds to me like you need to speak with a qualified DUI attorney. Feel free to call my office at 304-933-9883.
WV will not find out about it unless you are convicted criminally. The WV DMV can only take action on out of state convictions.
Also, I don't think you would be eligible for PBJ if you hold a CDL. But, if you are, WV will take no independent action on this.
Due to the charges being felony charges, I see little chance that a Judge will grant him permission to leave the state. I see even less of a chance of the state simply dismissing the charges.
He needs to speak with a qualified DUI attorney. I would be more than happy to speak with him or family. Feel free to contact my office at (304) 933-9883.
You have already violated your probation by consuming illegal drugs, I would not compound that by being dishonest with your probation officer. They are going to know you smoked as soon as they get the results of the drug screen.
You need to follow the terms of your probation, otherwise, your jail sentence may be imposed.
If the officer can prove the refusal at the DMV you will be looking at a 1 year suspension of your license. There is the option of getting the interlock system installed in your vehicle, this will get you driving after 45 days.
However, there are still many things you can do to challenge both the underlying DUI and the implied consent violation. My office routinely handles DUI cases in Kanawha County and would gladly set up a free consultation with you to discuss your case with you....