Attorney Todd F. La Neve's Legal Cases

Gun Law

State v. R.S.

Nov 08, 2023

OUTCOME: Dismissed

My client was arrested for discharging a firearm within 500 feet of a home that was not her own. The client lives in a remote part of a very rural WV county where homes are not packed together. She an ... d a neighbor had a bad relationship over a property boundary issue and the neighbor called the police on her after she fired several rounds of a revolver into a brush pile on the back side of her property. Her target practice was not in the direction of the neighbor's property but was within 500 feet of a shed that he periodically uses to camp in. Because he was present that evening, he called the police and R.S. was actually arrested, handcuffed, and spent the night in jail over a thinly valid statute not even found in the criminal law section of the state Code but rather in the natural resources/game law section of the Code. Upon meeting with the prosecutor, we were able to come to an agreement that the charge was a stretch and R.S.'s totally clean criminal history, good employment record, and lack of any intent to violate the law led to an agreed dismissal of the charge. As a result, R.S. can return to full work duty with her employer and she maintains a clean criminal history.

DUI and DWI

State v. L.L.

Aug 29, 2023

OUTCOME: DISMISSED

Mr. L was stopped by law enforcement because of what was described as "evasive" driving. He was subsequently charged with DUI 2nd Offense and Driving While Revoked for DUI, 2nd Offense. In the course ... of investigating the evidence, it appeared the basis for the traffic stop was flawed and might be open to challenge. We filed a suppression motion challenging the constitutionality of the traffic stop on the grounds that none of the driving characteristics noted in the criminal complaint actually amounted to violations of any state traffic law. Following argument on the issue, the court ruled in our favor finding that the traffic stop violated his 4th Amendment right to be free from unreasonable searches. After finding the traffic stop was unlawful, the court suppressed all evidence that was gathered after the stop (normal procedure when a traffic stop is deemed improper), and then dismissed both charges thereby ending the case.

DUI and DWI

State v. W.J.

Jun 01, 2023

OUTCOME: DUI Dismissed - plea to lane violation

Mr. J was charged with DUI as a result of being found asleep in his car in a convenience store parking lot. Earlier, someone called 911 to report a driver who was "almost hitting a utility pole" but w ... hile on the phone with 911, continued the conversation about a local festival and traffic problems, never again mentioning poor driving for nearly two more minutes of conversation. In the meantime, an officer traveling the opposite direction spotted the vehicle and noted to the 911 call center that it was driving without any problems. Another officer located Mr. J's car in the convenience store and noted he was parked partially in two spots. After waking him and having him step out, the officer noticed Mr. J's prescription medication in a baggie instead of pill bottles and concluded he was under the influence of drugs. Subsequent blood testing revealed nothing other than his prescription drugs in both active ingredient and the metabolites, all within expected normal ranges consistent with someone using their medication the way it was prescribed. Mr. J had been working a physically demanding job as part of training in a new job and for nearly two weeks had been driving two hours from home each morning for work and driving back home after. He was fatigued and the fatigue was building. Instead of driving on the highways for two hours while at risk of falling asleep, he caught his briefly poor driving and got focused long enough to find a safe place to pull in and take a nap. Ultimately, just days before his jury trial, the prosecutor's trial preparation and review of the evidence we had provided in conjunction with the state's own evidence led the state to dismiss the DUI charge and offer a small fine for the lane violation which we agree occurred when he got drowsy prior to stopping for his nap. As a result, Mr. J kept his job and didn't lose his driving privileges at all. Blood test cases, particularly with prescription medications, can be won but they take effort and knowledge of the science. Luckily, we have that skill set to give clients their best chance at a good outcome.

DUI and DWI

State v. B.K.

May 17, 2022

OUTCOME: Felony and 5 misdemeanors dismissed - plea to one misdemeanor

My client was arrested and charged in two different counties for DUI 2nd, Driving While Revoked for DUI (arrest county) and DUI 3rd, Driving While Revoked for DUI, Failure to Maintain Control, and Duty ... Upon Striking Object or Fixture on Roadway (originating county) following a blackout event while he was stopped at a stoplight. After passing out, the client's vehicle drifted through the intersection and onto the concrete median/curb where it struck a road sign. An off-duty officer stopped to check if my client was okay and my client came to, advised he was fine and just blacked out and drove off. The off-duty officer claims to have smelled alcohol and called dispatch. Deputies in both counties began to look for his vehicle and he was located in the arrest county pulling into his driveway. An investigation occurred and upon my client admitting he had consumed a glass of wine at lunch, he was arrested for the charges noted above. Through extensive medical records review and research and consultation with medical professionals, we were able to very clearly establish that my client had a serious heart condition that was creating low oxygen levels in his blood and, when coupled with a bronchitis medication he had been given, he experienced a severe interaction that caused him to pass out for reasons completely unrelated to alcohol use. Through multiple meetings with the prosecuting attorneys in both counties, we were able to get the charges in the arresting county completely dismissed and in the event county, we reached a plea agreement in which the client pled guilty to Driving While Revoked for DUI (from a case several years old) and all the other charges, including the felony DUI 3rd, were dismissed outright.

DUI and DWI

City of Bridgeport v. B.N.

Jan 05, 2022

OUTCOME: DUI Dismissed

The client was charged with DUI following a traffic stop for running a stop sign. Through the course of evaluating the evidence, dealing directly with the arresting officer, and negotiating over poten ... tial issues with the evidence of intoxication, the DUI was dismissed and the client plead no contest to a new charge of failing to stop for the stop sign.

DUI and DWI

City of Fairmont v. D.P.

Nov 09, 2021

OUTCOME: DUI Reduced to Non-DUI Traffic Violation

Client was stopped for a minor traffic violation and a roadside DUI investigation followed after the arresting officer smelled what she believed was an odor of alcohol coming from the client's breath. ... The client, who holds a Commercial Driver's License and makes his living driving tractor-trailer trucks - was charged with first offense DUI even though his BAC was under .08. Through the course of negotiating the case with the prosecutor and discussing issues that could lead to suppression of some of the investigation results, the prosecutor and the arresting officer agreed to a charge reduction to the traffic offense which led to the stop in the first place. The client did not suffer any loss of his license privileges and, most importantly, his CDL was not affected.

DUI and DWI

State v. J.C.

Oct 15, 2021

OUTCOME: DUI Dismissed - Reckless Driving Plea

Client was stopped for "weaving" while driving and the initial officer contacted a county deputy to conduct a DUI investigation which led to an arrest for DUI. The traffic stop was based on questionab ... le evidence of any legal violation and the roadside investigation contained a number of issues that undermined its credibility. Upon conferring with the prosecuting attorney about the potential evidence issues, the state offered to drop the DUI in return for a plea to reckless driving. The client consented as the plea would prevent license revocation, something that was critical to his employment.

DUI and DWI

State v. C.R.

Oct 07, 2021

OUTCOME: Dismissed

Client was charged with DUI following a report of a person sleeping in their vehicle in a convenience store parking lot. Prior to the arrival of police, the client, who had not slept the night before, ... had pulled into an outer area of the parking lot to take a nap in order to avoid falling asleep while driving on the highway. After about an hour nap, he woke up and drove away en route to his destination. He was later stopped by an officer on the lookout for his vehicle and charged with DUI based on the suspicion of drug use since no alcohol was detected. Based on the lack of any truly compelling evidence of impairment, including the officer choosing not to obtain a blood test in an effort to prove his case, the prosecution agreed that dismissal was proper under the circumstances with the lack of evidence supporting the charge.

DUI and DWI

State v. C.Y.

Jan 28, 2021

OUTCOME: Dismissed

C.Y. was arrested for aggravated DUI following a simple accident in which C.Y.'s car got stuck in a deep drainage ditch. The dismissal arose as a result of flaws in the arresting officer's investigati ... on, most notably was the decision to allow C.Y. out of his presence for nearly seven minutes during his investigation. The loss of control and direct observation of C.Y. compromised the reliability of the results of the investigation as that absence created the possibility that C.Y. had consumed alcohol during the time out of the officer's direct sight and control. As a result, the breath tests and overall investigation were deemed unreliable and the case was dismissed upon motion to the presiding court.

Personal injury

Graciano v. Kuretza, et al.

Dec 28, 2020

OUTCOME: Settled - $170,000

This federal court civil rights lawsuit involved a claim of excessive force case against a deputy and his employing agency in connection with the unlawful arrest and physical abuse of a client previous ... ly charged criminally (referenced in this listing of cases). Prior to a trial, financial settlement was reached for $170,000.

Todd F. La Neve's Legal Cases (36)

State v. R.S.

State v. L.L.

State v. W.J.

State v. B.K.

City of Bridgeport v. B.N.

City of Fairmont v. D.P.

State v. J.C.

State v. C.R.

State v. C.Y.

Graciano v. Kuretza, et al.