Home > Research Legal Advice > DUI / DWI > The WV DMV didnt' attend, nor cancel, my hearing in Sept. of 2011 for a ...
Asked over 1 year ago - Clarksburg, WV
FlagI had a hearing that was postponed twice and finally scheduled for Sept. of 2011. My Lawyer and I attended the hearing, but the WV DMV did not show up for the hearing. This hearing was to argue my case as to why i didn't submit to a BOC Breath Test to limit me to a 45 day suspension rather than a 1 year manditory suspension. Do they have the right to reschedule my hearing now? or should I be granted the 45 day suspension based on the fact they did not attend, nor reschedule, the Sept. hearing?
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The 45 day hard / no driving allowed suspension period comes with 12 months mandatory interlock installation thereafter if DMV prevails. It's hand and hand. Either win hearing and get nothing or lose on refusal and get that.
Unfortunately our current far right WV state Supreme court has ruled these hearings could be rescheduled. Sincerely, Harley O. Wagner, Esq.
WestVirginiaDUILawyers.com
