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Harley O. Wagner
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Harley Wagner’s Answers

143 total


  • What can I do here?

    I have an underage citation hearing coming up. Here's what happened. Because of a noise complaint university police showed up to our apartment (in a university owned building). A roommate of mine, who was severely intoxicated, answered the door. T...

    Harley’s Answer

    You want to request a hearing and seek to speak to alcohol/dui defense counsel. That would go on your record if plead to it and from your description you clearly are not guilty.

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  • Will I have to take DUI classes. After getting my second DUI over 3 years or can I just go to DMV and take the driving test and

    Need to get driver license

    Harley’s Answer

    The classes are a mandatory component in WV no matter the time lapse, and must be taken in person at an approved course. Second offense minimum of 24hours required.

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  • I received an underage, Is there an expungement process for this? And what else do I need to do to prepare for my court summon?

    I am an 18 year old Maryland resident who was visiting a friend in West Virginia when I received an "underage consumption of alcohol". I have a municipal court summon and am wondering whether if this will affect my record and if so is there an exp...

    Harley’s Answer

    If you plead guilty or no contest to public intox in WV, it will remain on your record and is not eligible to be expunged.

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  • How can I find out if have a clean driving record when my dui was dismissed is court

    If my first dui was dismissed in court (arresting officer was a no show ) will my driving record be clean?

    Harley’s Answer

    No, the administrative side of a DUI case in West Virginia is wholly separate and apart from the criminal court. If there was a suspension issued by the WV DMV related to the DUI case, it will be on the driving record. Go to your local DMV and request a copy of your driving record.

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  • Can I fight a DUI Suspension that was not turned in as a DUI. The charge was Driving on a suspended 1st offense.

    I was stopped and charged with Driving on a Suspended 2nd offences in April of 2015. In August I had a hearing and the charges were dropped to Driving on a Suspended 1st offense. Now three months later, I get a notice from the West Virginia DMV st...

    Harley’s Answer

    Assuming you now have a Florida driver's license, you have two choices: 1) Complete a WV DMV approved / FL approved 18 hour dui education course, with proper course completion docs submitted to the WV DMV, pay a $50 reinstatement fee and do not drive in WV for the advised one year period, the conclusion of which, with the above done, you will be automatically reinstated in WV and matter closed; 2) You can hire WV DUI Defense Counsel, request a hearing per the advisement language on the form therein, get a hearing date from there and then you and your lawyer go contest the suspension. Sincerely, Harley O. Wagner, Esq.

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  • Can a officer refile a charge as a new one or does it has to be the prosecution. The charge appears with 2 different case #.

    I had a DUI charge (the whole case was sketchy). .05 BAC, I was parked. I filed a complaint against the officer and he was exonerated. After almost 9 months the case got demised by the prosecution. Two weeks after, the officer, not the prosecu...

    Harley’s Answer

    Yes charges can be re-filed unless the misdemeanor charge was initially dismissed "with prejudice." However, the state still only has 1 year to try the case from date of offense minus any delay caused by accused citizen or his/her attorney. ...Further noting simply because they re-file doesn't remotely mean they will have success actually convicting! You can charge a ham sandwich with a crime but was there actually one committed? Best of luck.

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  • Arrested for a DUI with a negative breathalyzer

    I was driving for work (class A truck) and went through a yellow light that turned red. When the officer pulled me over he immediately asked if I had been drinking. Which I denied and explained that I was returning from Michigan. He did a field so...

    Harley’s Answer

    I assume when you say negative test that you blew under the legal limit at the road side, which if correct, would be a factor in our favor. Bottom line is though that you've been arrested and are now in the system with criminal court proceedings coming your way as well as WV administrative court proceedings regarding your druver's license. Call my law office at your earliest opportunity if wish to discuss further. My law office staff will coordinate from there.

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  • MD required me to do the 90 day alcohol classes, i live in WV for over 3 years, this was 5 years ago, I cannot get my license WV

    I was incarcerated 5 years ago, took the classes in jail, don't have my certification, then took 8 weeks with probation, i have lived in WV since my release (3yrs) WV cannot give me my license and MD won't forgo the requirement? What do i do, can...

    Harley’s Answer

    This is a Maryland based issue not West Virginia. Thus, you will need to contact the Maryland MVA to find out what exactly is needed to have them reinstate you there so that you can obtain licensing in West Virginia. No state will issue licensing if another had you suspended. If no satisfaction from that direction than hiring a Maryland DWI Attorney is what then will be necessary.

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  • If first time aggravated dui plead down in court to non aggravated will WV DMV reduce requirements to reinstate license?

    Case was over a year ago and moved out of state shortly after. Do not plan on moving back to WV but feel I'd have to for the 9 month ignition interlock. If case was plead down in court will DMV hear the case?

    Harley’s Answer

    Short answer: No.
    Sincerely,
    Harley O. Wagner, Esq.

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  • Could i get a dmv hearing dissmissed?

    It has been 2 yrs since my administrative dmv hearing for a dui. An order has yet to be issued. Would it be possible to have it dismissed.

    Harley’s Answer

    Unfortunately, the wholly dysfunctional aspect of our administrative hearing process in West Virginia, and specifically that of your scenario of awaiting two plus years for a final order hearing decision to be returned, is not sufficient legal grounds for a dismissal motion.

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