In the Summer of 2009, I got a phone call from West Virginia Universtiy head football coach and friend, Bill Stewart. "Stew" advised that one of our young men on the football team had gotten a DUI charge in Morgantown. "Stew" wanted to know if I'd be willing to help out. I of course responded that I would gladly help out and was honored that of all the phone calls he could have made for help my number was the only one he cared to call. Stew said, "everyone in West Virginia knows you are the guy when it comes to DUI defense, plus you're my buddy and a die hard Mountaineer." The case itself was a .12 BAC allegation with some alleged bad driving prior to stop. The real key was that Jock's ability to continue playing on the team, and that of his ability to continue to persue his dream of playing in the NFL hung in the balance. At the end of July of 2009, we attended our first court appearance. Prior to, I had engaged in much back and forth plea negotiation with the assigned assistant prosecutor. We ended up presenting a plea agreement to the assigned Magistrate calling for Mr. Sanders DUI charge to be dismissed and re-filed as a Driving With Measurable Amount of Alcohol charge. In West Virginia, upon successful completion of the license reinstatement course and a period of "blow tube" installation in the citizen's vehicle, this charge not only gets automatically dismissed by the Court, but expunged from the citziens record like ithe arrest never happened. Jock has now complied with each and every obligation required for his case to be dismissed and expunged from his record. We now are simpy awaiting a date to return to court to effectuate the full dismissal of his case. The thing I am most proud of about this case is that not only is this is a good and decent young man, but one who my efforts afforded the ability to continue to chase his dream of playing in the NFL. It is one client and case I will remember fondly for the rest of my career.
WV DMV vs Mark Thompson (WV Supreme Court)
DUI and DWI
Jun 18, 2012
WV Supreme Court Affirmed Circuit Court Ruling.
DMV appealed Kanawha County Circuit Court ruling in favor of Respondent Thompson that a no contest plea in criminal court is NOT a conviction for purposes of a citizen's right to contest the suspension of their driver's license at an administrative hearing.
State of West Virginia ex rel. Pamela Jean Games-Neely v. The Honorable Joann Overington
DUI and DWI
Apr 22, 2013
Affirmed - Unanimous, 5-0
The central issue before the WV Supreme Court of Appeals was whether or not a citizen accused of DUI in WV, who submits to breath testing post arrest, shall have access to the machine he/she blew into, including the download data of the machine, along with maintenance records and manuals accompanying, or not.
The State high court ruled on April 22, 2013, in a 5-0 unanimous decision that "yes", a citizen accused shall have meaningful access to the breath machine used against him/her and upon request these discovery items shall provided.
*The machine is designed to produce this information and is basically the only way any technician or breath test expert / scientist can truly review the proper functionality of the machine at the time the sample was submitted, and thus the credibility of the offered BAC #.
Many are calling it the single biggest case on behalf of the citizen accused in the history of WV DUI Laws.
And without question, the proudest day of Harley Wagner's 13+ year career as a WV DUI Defense Attorney.