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Todd F. La Neve

Todd La Neve’s Legal Guides

9 total

  • Protecting My Rights

    The US Constitution and state Constitutions gurantee us the right to a jury trial. The founders of our country believed that to be such an important right that they included it in the Constitution. But, did you know that under West Virginia law you must actually provide written ...

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  • What Does a Hospital Blood Test Evaluate in a DUI Case?

    Most people would think that if a person's blood is tested in a hospital as part of a DUI investigation, the test would be checking for the presence of ethanol, the type of alcohol we consume in alcoholic beverages. Most people would be wrong. The typical hospital blood test is...

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  • Can I still legally drive after a WV DUI arrest?

    I am often asked by new clients if they can still drive after they've been arrested for a DUI in West Virginia. The answer is yes. Under the laws of West Virginia, after an arrest for DUI the arresting officer is required to submit a form, called the Statement of Arresting Office...

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  • Do I have to take the roadside sobriety tests?

    In West Virginia and many other states, agreeing to perform field sobriety tests is completely voluntary. However, officers are trained to try convincing you to submit to the tests even though they will rarely tell you that it's your choice. Why do the police want you to do the t...

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  • Do I have to answer the officer's questions?

    Many times when a new client comes in to see me, a review of their paperwork shows that they made all sorts of incriminating statements to the officer during the investigation and processing phases. The explanation is usually along the lines of, "I thought I had to answer his que...

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  • Are DUI Breath Testing Machines Accurate?

    In short, no. The breath testing devices on the market today are one-size-fits-all technology. If it doesn't work for ballcaps, why should we trust it for determining if someone goes to jail or not? The breath testers on the market now are based on mathematical algorithms that mu...

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  • Are Field Sobriety Tests Reliable?

    The standardized field sobriety tests used by most police agencies around the country were developed by researchers for the National Highway Traffic Safety Administration (NHTSA) as a way to give officers in the field a method for determining impairment at BACs of 0.1 or greater....

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  • DUI and the FAA

    Since 1996, the FAA has been interested in knowing if pilots holding an FAA issued Airman Certificate (pilot's license) were involved in a DUI, whether criminally or through some action against their driver's licenses. Pilots are required to comply with the rules set out in 14 C...

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  • Do I Really Need to Hire a DUI Lawyer?

    This is one of those questions that numerous people every year end up asking, and, after deciding they don't, inevitably end up contacting us to find out if there's something they can do to get out of the mess they found themselves in by trying to handle their case alone.One of t...

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