i was sitting still in a parking lot eating my food as a cop stuck his head in the window, he smelled marijuana which gave prob cause but then arrested me for a dui because the key was in the ignition. so the dismissed it.
One of the more misunderstood aspects of a DUI arrest is the cop didn't see me driving defense. While indeed much more difficult to prove a DUI Drug charge like yours -meaning driving under the influence of marijuana- the facs and circumstances as outlined by you, suggest the only way you got to the parking was to have driven there. The officer smelling what he believed to be marijuana coming out of your driver's side window was enough to investigate further and to have arrested you. Again though, you can charge a ham sandwich with a crime. It doesn't mean the ham sandwich actually committed the crime. You've been charged. You have criminal court and license proceedings pending against you now. So, I recommend getting a well trained, experienced West Virginia DUI Defense attorney to represent you, fight for you, and not remotely ever consider any type of agreed disposition that will give you a criminal record for drunk/drugged driving that you will have for the rest of your life. Sincerely, Harley O. Wagner, The Wagner Law Firm. West Virginia's Premier DUI Defense Firm. WestVirginiaDUILawyers.com
Each state has its own requirements. It is important to ascertain from both the Court and the Department of Motor Vehicles their respective requirements for reinstatement. Some states require young or junior operators to complete safety course reguardless of the Court disposition. Contact your attorney to learn what is expected from you.
The administrative license suspension process is independent of the criminal court action in West Virginia. You should have received a letter in the mail from the DMV advising you that your license was going to be suspended because you were arrested for a DUI. They would have sent the letter to the address listed on your driver's license. You then have 30 days to request a hearing challenging the suspension. If you do not request a hearing within the 30 days then the license suspension is effective on the date listed in the letter. If you are suspended, then yes, you have to take the classes regardless of the criminal disposition.
If you have not been suspended yet, you need to request the hearing within 30 days and you can challenge your arrest on the same grounds that resulted in your criminal case being dismissed. You should contact an experienced DUI attorney to discuss further.
If interested, you can call my office, the Glass Defense Firm, at 304-933-9883.
So was your license suspended indepedently of the court case? If you had an attorney, give them a call. Otherwise, I suggest calling a couple of local DUI attorneys that you can find on avvo and explaining your situation in details. Most will offer a free consultation. Good luck.
Get free answers from experienced attorneys.
25,134 answers this week
2,662 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary