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?

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?

Cowen, WV -

Attorney Answers (3)

Harley O. Wagner

Harley O. Wagner

DUI / DWI Attorney - Martinsburg, WV

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.

Jasen Bodie Nielsen

Jasen Bodie Nielsen

DUI / DWI Attorney - Santa Barbara, CA

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.

Stephen Ross Cohen

Stephen Ross Cohen

Criminal Defense Attorney - Rancho Palos Verdes, CA

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

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