I haven't been set a date for court for my second DUI. Can i get my license back and can i request for it to be dismissed?

Asked almost 2 years ago - Cowen, WV

I got charged with first offense DUI September 2011. The judge did not accept a plea upon me voluntarily entering the interlock program. In March of 2012, i was caught driving with expired registration and charged with my second DUI because of my revoked status. DMV sent me no notification of my license being suspended or my registration needed renewed. The court of the Second DUI now has jurisdiction over everything, but they have yet to set a date for me to appear. After march, can i request for the case to be dismissed, take my classes, pay my fines and get the charges dropped and my license back?

Additional information

Will I have to participate in the interlock program if the case is dismissed?

Attorney answers (3)

  1. Harley O. Wagner


    Contributor Level 10


    Lawyers agree

    Answered . Respectfully, this email is entirely too convaluted and absent in needed detail and explanation. IF you entered into the WV Deferral Program with the controlling criminal court back in the Fall of 2011, you should have been subsequently suspended by dmv for 15 days with 165 days of interlock intallation in your vehicle from there. Once successfully completed, you would have then been eligible to have your case dismissed and 1 year from dismissal date, your record expunged as if it never took place. 17C-5-2b of the WV Code sets forth all. ...The fact you were pulled over in March 2012 and arrested for DUI; but, were not driving valid and lawful at that time totally baffles me as to why. Given what you have advised, -which again, is very incomplete and scattered in explanation form that which makes sense- you are not eligilbe for a dismissal of anything. You have serious criminal charges pending against you and equally serious license suspenison issues coming your way -all above and beyond any ramifications from your 2011 DUI. -Keeping in mind 2nd offense on both criminal court and license court sides far more serious, and that's not mentioning the DUI Revoked charge as well. I am willing to talk with you about all of this, but no AVVO response is going to be adequate based on what you have provided. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com.

  2. Jasen Bodie Nielsen


    Contributor Level 19


    Lawyers agree

    Answered . While I don't practice in WV, I find it difficult to comprehend how you could be charged with a second DUI due to your "revoked status". Perhaps it might be a good idea to clarify. Good luck.

  3. Stephen Ross Cohen

    Contributor Level 20


    Lawyers agree

    Answered . In March were you drinking before you were driving, did you take a test either breath, blood or urine? What were the results? Did you refuse to take a test when offered one? There are facts missing in your question.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Dealing with a DUI arrest

A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

William C. Head

The Most Common Types of DUI-DWI

Police officers utilize two primary ways to charge you with “drunk” driving. These are “impaired driving” and “driving with an unlawful blood alcohol level” or “per se” DUI-DWI. These two... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,249 answers this week

2,914 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,249 answers this week

2,914 attorneys answering