In 2012 I was stopped in WV for DUI at the scene I blew a 0.4 thirty mins later at the station I blew a 0.1 criminal court dismissed the charges. 3 yrs later in 2015 WV DMV said they didn't have to except the findings of the criminal court and pul...
In West Virginia once one is arrested for a DUI, two separate proceedings are initiated, one for the criminal penalties and an administrative process for licensing penalties. These two tracks are wholly separate and what happens in the criminal process, absent a conviction, does not impact the administrative licensing side of the case. Cases can be dismissed or even flat out won criminally, and the administrative process goes on.
As Harley state above, it seems that the time to challenge or appeal the administrative revocation has passed since it occurred in 2015. Unfortunately, there is no way to correct that now, and I do not see any action against the DMV in this scenario being successful.See question
Detained, arrested and charged with driving revoked first offense. I was detained for crossing a double yellow/state road while in operation of an atv. Upon reviewing the W. Va. atv regulations I read that the operator needs only to be 18 and a va...
I agree with the answer that Harley gave as well. There is direct caselaw from the West Virginia Supreme Court of Appeals that addresses this very issue. An ATV counts as a motor vehicle, so, if your privileges to drive a motor vehicle in WV are suspended/revoked, then you may not operate an ATV on a public roadway.See question
I got pulled over they did not give a reasonable cause just ask for insurance and registration no insurance and registration on a car and no driver's license due to a previous DUI got sent to jail that night and charged with SRO DUI 3rd I'm also s...
It sounds like you have been charged with Driving on a Revoked License due to DUI. If so, a third offense is a felony punishable by not less than 1 nor more than 3 years in prison. Probation is not an option for this offense, home incarceration is the only alternative.
I would contact a defense attorney immediately.See question
I am 18 and my boyfriend is 40 I am also pregnant by him. Mom is mad because me and him are all ways arguing and she want to press statutory rape charges on him because she don't like l him. But I dont want her to because I love him.
In West Virginia this is not statutory rape. The age of consent in West Virginia is 16. So, as long as you are 16, it doesn't matter how old the other party is.See question
I am a 18 year old female and my boyfriend who I am pregnant by is 40. I live in west Virginia.
In WV this is not statutory rape. The age of consent in West Virginia is 16. So, as long as you were 16, it doesn't matter how old the other party is.See question
My husband was arrested 10/25/15 for possession with intent to deliver and conspiracy. He had a court day 11/5/15 but was told since he didn't have a lawyer we could not get a bond reduction and it would b another 10 days. It's 11/16/15 he has a l...
I am assuming that the court hearing on 11/5/15 was a preliminary hearing. My question is, did he waive his time limits within which to have a preliminary hearing? If not, a prelim must be held within 10 days of your date of arrest if the defendant is incarcerated. IF he waived this time limit, he is at the mercy of the court's docket in rescheduling the preliminary.See question
I was sentenced to 1 year total in jail 6 months suspended for community corrections and other 6 months in jail. I did my 6 months in jail and I'm now working on my 5 month of community corrections. The magistrate is trying to make me restart my ...
I agree with the other answer given. Community corrections does not give you any credit for time served like home incarceration would. It is much more like probation. So, if you were to violate the terms of your sentence, then yes, your original suspend sentence will be put into effect.See question
the passenager of the wreck settled out of court with my insurance company, while he was in a nursing home, after being in there for 7 months they let him go home with his wife, he cought phnumona then went back to nursing home, then a few days la...
Signing a release with an insurance company does nothing to impact a criminal prosecution. The insurance claim is a civil case and wholly separate and apart from a criminal prosecution. Furthermore, the victim is not the one who decides whether or not to prosecute, it is the prosecuting attorney. I suggest you contact an experienced DUI attorney immediately if you have not already done so.See question
The person that put up the bail said they didn't get any back.
I would contact the clerk of the court where the charges were pending. Generally, they will have the bond money refunded in full once the case closes. If they gave the Court permission, when they signed the bonding papers, they Court could deduct the fines and costs as stated below.
Definitely contact the court clerk to find out what is going on though.See question
he says that if i don't continue to have sex with him and talk to him he's going to tell everyone. will i get into trouble?
The age of consent in West Virginia is 16. Therefore, you cannot be prosecuted for anything based solely upon the age difference.See question