Aggravated DUI with bodily injury and high BAC 1st offense in 2012 (WV). Did not own a car then but was ordered an IID x 16 months. That was almost 5 yrs. ago and still don't have a car, so have never been able to install the IID, can licens...
There is an exception to the mandatory interlock and that is "incapable status" as in I don't own a vehicle and no one registered to my address owns one either. You file an incapable request with the DMV interlock division and you would get the hard one year (if I'm reading your charges correctly). Call 304.926.2507 on Monday to get particulars on filing yourself with the Interlock division advising all that you have in this post.See question
The officer didnt arrest me and told me to come to magistratres office on Monday this happened on a Saturday
It appears likely that criminal charge(s) are being brought against you most likely including DUI if not DUI w/ Injury. I suggest you contact an experienced DUI Attorney to consult about your case as soon as posssible.See question
I live in Michigan. I was pulled over for speeding in WV. When the officer asked me for my paperwork I handed him my Michigan ID and confessed to him that I was suspended for DUI in 2006. This is a DWLS 2nd offense as I was pulled over once before...
First, you need to contact your assigned Magistrate and speak with assistance to kindly explain circumstance and seek a continuance. Second, you will need to hire a private attorney to seek a waiver of your appearance and therein try and handle for you without you having to come down. It can be done on a case like yours. If not handled this way and you simply do not appear then you will have a warrant for your arrest for failure to appear issued.See question
I was recently involved in an accident where I was at fault and was transported to the hospital for injuries before the cops arrived. The nurse said that the cop said if I did not urinate that they would catheter me. Well they never catheter me an...
The investigating officer can and most likely will get a subpoena for your medical records. You were not under arrest at that time so there is no time period for testing per se. However, your description of events certainly presents viable, science based defenses. I would seek to consult with a well trained and experienced West Virginia DUI Defense Attorney.See question
I was arrested in Berkely,Wv for DUI first offense and that's what I was arraigned for but I have a few DUI in Md. The DUI in md can only be used against me if they are within 5 years however WV considers DUI from 10 years prior, the arresting off...
First of all, if your "DUI Attorney" was remotely knowledgeable of WV DUI law he or she would have told you that not only absolutely 'yes' can the state amend, dismiss, re-file the charge(s) at any point prior to trial but also that there is this thing called a criminal record, which upon running social will show each and every very conviction you've ever had. So, if you two in your past with arrest dates within ten years of your instant one than you face potential Felony dui third offense exposure. 2nd offense if only one prior so situated.See question
I am currently charged with a DUI in the state of NC. I am a resident in NC as well. My BAC was .15 or .16 I cannot remember exactly. I passed my sobriety test so we are hoping this does not even interfere but I want to have all my options explain...
First fulfill ALL NC driver's license reinstatement obligations regarding your instant dui case per NC DMV and criminal court mandates. Then.., once the NC dui case is fully behind you, you can lawfully switch to WV or PA, either one.See question
I was arrested on 3/6/2017 for driving on suspended while revoked for DUI and I was charged with a 3rd offense felony driving on suspended. In February of 2017 I pled guilty to srl miscellaneous and I have one more prior SRl miscellaneous plea and...
Not enough information here to provide a clear response. A DUI Revoked 1st and another DUI Revoked 1st followed by a third DUI Revoked arrest -if in a ten year period- would be a felony. Driving Suspended Administrative Non-DUI, same thing, only a 3rd offense is NOT a felony on this level of charge. Aside, the government will have to prove their case and if something is missing a good DUI attorney will find it, including the lack of reasonable articulable suspicion to pull you over requirement. It's p.c to arrest and r.a.s. to stop/seize.See question
How much jail time am I facing?
In West Virginia, a DUI Revoked 1st offense carries a possible penalty of 30 days to 6 months and a $100 to $500 fine. The only way to serve this sentence IF convicted is house arrest, work release (work/jail) or actual jail. You should consult with an experienced DUI Defense Attorney to go over your case, possible defenses and case strategies.See question
On Thursday night I was in a one car accident I hit a embankment. I was taken to the hospital by ambulance and blood was drawn. The police did not come to the hospital and I was released to my wife.I had been drinking can I still be charged .
Yes, you absolutely can be charged and by the information provided it sounds as if you will be charged with some form of a first offense misdemeanor DUI. In West Virginia, the prosecuting authority would obtain a search warrant for your medical records/blood results which will show your alleged BAC (blood alcohol concentration). If .08 or higher, you will be notified by the investigating officer that a warrant for your arrest has been issued and you would need to surrender to the county courthouse/magistrate where your accident took place. Keep in mind, this is just an allegation/charge against you. There are good defenses to "hospital blood" and the way it is tested as well as potential other defenses that may be available to you. Please feel free to call my law office if you wish to consult further. Best wishes.See question
I was in an accident they took my for a blood test which lorazepam showed up. I have a prescription for it.
Simply because you have a lawful prescription in and of itself is not a legal defense to drIving under the influence of a drug or drugs, nor will being charged with dui call for your prescription to be terminated by your treating physician. The sole issue is whether the state can prove beyond a reasonable doubt through the alleged facts that you were driving a car intoxicated on a drug not just that it was in your system. On the DMV / license court side, you're looking at the potential of a 90 day suspension of your driver's license.See question