Ive had priors but i think they are off my record 13 & 17 years ago. I got a 1st offense Dui in 2010 so how can i be charged for third? They are saying i got one in 2005 but there is no evidence of it!
In assessing whether the prosecuting authority can enhance a DUI 1st up to a DUI 2nd, 3rd or subsequent, the law in West Virginia is what we call a "10 year look back rule," which means you go back 10 years from the instant offense/arrest date. Only DUI convictions with an arrest date within that 10 year period can be attempted by a prosecuting authority to enhance the instant DUI arrest up to a more serious charge. So, if your prior DUI arrests occured greater than 10 years from the arrest date of your instant case, you have solid grounds for a motion to dismiss. Keeping in mind of course, that the State can seek to amend/re-file the case with the appropriate charge. Sincerely, Harley O. Wagner, Esq. - West Virginia DUI Defense Attorney - WestVirginiaDUILawyers.com.
You need to hire an attorney in WV that knows both the criminal and DMV aspects of this charge. I'd recommend either Harley Wagner in Martinsburg, WV or Carter Zerbe in Charleston, WV. There is also an attorney in Union, WV that seems very proficient in DUI practice, but his name escapes me.
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