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Harley O. Wagner
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Harley Wagner’s Answers

144 total


  • Will WV suspend drivers license if the DUI occurred in PA, and the ARD program is granted and completed successfully?

    I am a WV license holder, and got a DUI in PA. My lawyer thinks I will be eligible for the ARD program, which to my understanding is not a conviction, however there will be a 60 day suspension of driving privileges in PA. My license is not due to ...

    Harley’s Answer

    Since you were not convicted of DUI, your WV driver's license will be unaffected.

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  • How do you use your "Right to Travel" to beat a "driving on a suspended" case?

    My husband got arrested for driving on a suspended(dui). However, the constitution states that drivers licenses are only required for drivers who drive for a living/compensation and that every American has the right to travel freely on public roa...

    Harley’s Answer

    I am sorry ma'am, but yes you are wrong and your legal analysis is wholly inaccurate. A lawful driver's license is required to operate a motor vehicle on any public roadway in America, very much including West Virginia. My advice is to contact the WV DMV and commence with all to-do's to get his license reinstated ASAP. For these DUI Revoked charges getting worse and more harsh with each one, and a third arrest for DUI Revoked is a felony in West Virginia.

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  • How long can the WV OAH take to render a decision after a hearing for an aggravated DUI?

    My daughter was arrested 7/19/14 for aggravated DUI. She received notice on 8/21/14 that her license would be revoked and she would have to participate in the test and lock program effective 9/28/14. We petitioned the OAH for a hearing within th...

    Harley’s Answer

    But one of "many" reasons the WV legislature introduced legislation this last term to eliminate the administrative hearing process on a DUI case, and run all through the criminal court like many states. For the WV Supreme Court, as absurd as this sounds to the ears, has ruled time is of zero consequence related to when the suspension notice is originally sent out or when the hearing decision post hearing is returned. Barring some truly great legal issue present in your family members case, I would simply withdraw the decision process, start the suspension ASAP and therein fulfill all reinstatement requirements and forever be done with the WV DMV and the counterpart Office of Adminisratice Hearings. The process is a complete multi million dollar, tax payer funded, kangaroo court joke.

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  • I currently have a WV restricted license with an interlock device. Can I move to Georgia and obtain a restricted license with in

    Looking to move to another state

    Harley’s Answer

    You can switch to a local Georgia interlock provider until you've completed all reinstatement requirements through the WV DMV and then switch to GA license. Only way will work. Contact interlock department and they'll walk you through process.

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  • Dmv dui hearing

    hi dave hear,got stopped a yr and a hf ago and charged with dui,went to court with a court appt attyy,and court case got threw out,then got a letter from dmv(wv here) ,stating they were gonna try and mess with my drivers license,and dmv said dosen...

    Harley’s Answer

    You will first half to check your signed engagement agreement contract for primary guidance and secondarily the WV State Bar if feel truly aggrieved.

    As to license side, dismissal in criminal court -as crazy as this sounds- means nothing on the kangaroo court side known as a West Virginia Administrative hearing / WV DMV.

    Only recourse is to contact 304.926.2506 at DMV headquarters to take advised steps to get license back.

    Best wishes.

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  • Do I have any defense to have the first DUI dropped off my record due to the fact I completed everything in October?

    I've was charged with my second DUI on December 5th, but I went through the deferral program for the first DUI, so this is a first offense DUI. I blew a .07 and I am 20 years of age. I have records that i finished all of my classes and reports on ...

    Harley’s Answer

    The hidden, wholly unfair and misleading aspect of West Virginia's deferral program -which is the exact same as most every state in the country that has these bs cookie cutter DUI first offense laws, that unless you have competent well trained DUI counsel you will never know, is that your "conditional guilty plea" IS an actual guilty plea and conviction IF you ever get another one. In that it then can be used to up the new arrest to a second offense. Like most states that have these farces of law, it's deep in the wording of the statute that can be used to enhance a subsequent dui charge, which is why judges, prosecutors and cops love them. You come in, promised this and that, don't need a lawyer, just plead guilty and lay over and we promise you a dismissal and arrest record expunction so long as you pay the interlock company several hundred dollars for six months. But what they never tell you is if you ever misstep again, that guilty plea will grow lungs and life as a real conviction and be used against you as if it never disappeared as once promised. Long story short.. regardless of getting the first one "dropped" or not, your guilty plea to that one alone seals the deal for your new one to be a righteous prosecutable second offense.

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  • Can I get my cdl license back

    Got dui in west Virginia in 1984 and then a dui in 2010 and they gave me a life time ban on my cdl license

    Harley’s Answer

    Unfortunately the law is very clear in West Virginia: Two DUI suspensions or convictions in one's lifetime is a disqualification of CDL privileges for life.

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  • Can I have this removed from my record. Is there any way around paying $400.00 for dui class

    I got a dui in 1990 in wv at that time I lived in nc paid fine and 24 hours in jail is there any way to get around paying 400.00 to take dui class I've not drank now foor 16 years

    Harley’s Answer

    Unfortunately no and no is the answer, regardless of how long ago or your conduct in the interim years. Best wishes.

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  • DUI erroneously reported from another state, do we let it go, fight it or try for interlock

    My son is a WV resident, he was pulled over in Ohio they requested a urine sample. After 3 separate court dates for continuance (because the urine results were not back yet) my son finally pled no contest per his public defenders advise. In Ohio, ...

    Harley’s Answer

    The time, money and what would get in return to have corrected from alcohol first to marijuana first would not be worth it in my opinion. They are both first offense convictions to which have the same practical result. A dui non aggravated alcohol though can get WV license back in 15 days versus 90 days if citizen agrees to blow and go for 120 days. Must do 18 hour safety treatment course as well which DMV can advise of nearest location plus reinstatement fee over phone to them as well. Getting throw out in this scenario not an option. Best of luck.

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  • How do I get permission to drive to work, counseling NA following OVI

    I pled guilty to OVI in Ohio, even though I was not impaired at the time,I had marijuana in my system from prior use, under Ohio law that means I'm guilty of OVI. I am a West Virginia resident, WV does not have this law that im aware of. I just r...

    Harley’s Answer

    West Virginia does not afford work privileges on a license suspension and no interlock (blow and go) on a dui drug/marijuana suspension. The mistake was pleading guilty and not challenging the evidence against you with a competent well trained attorney in this field of law. Now, you have to take and complete the safety treatment program (dui cases) pay reinstatement fee and await expiration of 90 days to be reinstated. Best wishes.

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