Hello, My wife and I just had our second child together. She has a past history of some drug use and is in Rehab for further recovery as I write this. There was no drug use what so ever during the pregnancy. She also had an affair towards the en...
My sincerest sympathy for your situation Sir. While I practiced general criminal defense for years, my law practice is exclusive to statewide DUI Defenseband has been for several years. However, I can provide you a quality referral or two if you email me the location / county your case is in, in WV. ...A defense attorney skilled in family law and criminal defense is what you need and I'd be glad to point you in the right direction as know several good ones in my state. HWagner@WestVirginiaDUILawyers.comSee question
One year ago I wrecked my car and received a DUI. My license has been suspended for almost a year, and I recently got pulled over and got a driving on a revoked license. I'm wanting to know whats going to happen!
"Possible" penalty is 30 days up to six months, $100 to $500 fine and additional 180 day suspension on driver's license. First thing to help your case is to get lawfully reinstated while new case is pending.See question
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 ...
Since you were not convicted of DUI, your WV driver's license will be unaffected.See question
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...
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.See question
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...
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.See question
Looking to move to another state
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.See question
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...
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.See question
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 ...
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.See question
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
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.See question
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
Unfortunately no and no is the answer, regardless of how long ago or your conduct in the interim years. Best wishes.See question