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Can you be convicted in the state of WV for public intoxication the officers sited you arrested you and let you go w/o any test?

Terra Alta, WV |

State officers accompanied a tow truck to a county road where my girl friend swerved to miss a deer and got my car stuck in a ditch. When met by the officers they said they smelled the presence of alcohol on me and asked why I was in the woods when they arrived. I told them there was no bathrooms readily available so I went away from the road to urinate. I slipped on uneven grounding when exiting the woods and they placed me under arrest for public intoxication. They then issued a citation for public intoxication w/o any tests to prove I was above the legal limit for citing and then let me go. On the citation they wrote I admitted to drinking earlier and had trouble standing. Will this hold up in court?

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Attorney answers 2


It can. This is why you need to retain counsel.


It can, yes. But the lack of any testing will make it difficult on the prosecution. -assuming there is a well trained, experienced DUI defense attorney beside you. Sincerely, Harley O. Wagner, Esq. - -- ps: P.I. is a criminal charge that if convicted upon will remain on your record for life.

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