Attorney Todd F. La Neve's Legal Cases

DUI and DWI

State v. Todd

Feb 14, 2020

OUTCOME: Dismissed

Mr. Todd was charged with DUI following a vague phone tip to police from his estranged wife, stating only that he left their home following an argument and was driving his truck in the direction of a p ... rominent local highway in the county of arrest. Acting on nothing more than that inconclusive statement that fails to justify a law enforcement stop, police located the truck described and, with no legal justification to do so, made a traffic stop on Todd. Based on arguments that the traffic stop did not meet 4th Amendment standards regarding search and seizure laws, the DUI case was ultimately dismissed.

Criminal defense

United States v. Richards

Oct 25, 2019

OUTCOME: Probation

Richards was indicted by the US Attorney's office for conspiracy to distribute drugs and for being a felon in possession of firearms. Through extensive investigation and negotiations, we were able to ... get the drug charges dropped by the government and entered a plea agreement on the firearms charge. The significant challenge facing Richards was the lengthy prison sentence that almost certain. As a result of major effort in preparing for sentencing and through counseling Richards on a path to rehabilitation while awaiting sentencing, which counsel was followed closely, Richards was granted a nearly unprecedented sentence for someone with his background in the Northern District Court of straight probation with no incarceration penalty.

Criminal defense

State v. Graciano

Aug 19, 2019

OUTCOME: Dismissed

Our client was charged with battery of a law enforcement officer and other lesser charges as a result of an illegal entry into the client's hotel room. Police found our client sound asleep and attempt ... ed to wake the client for several minutes. The client finally awoke, severely started, jumped out of bed and was attacked by multiple officers. The client resisted, still in the fog of sleep, and was beaten severely requiring hospitalization. The room entry and seizure of our client violated 4th Amendment protections and the State ultimately agreed to dismiss all charges.

Criminal defense

State v. Ganoe

Feb 20, 2018

OUTCOME: Jury Verdict - Not Guilty

Our client was charged with misdemeanor Battery after an altercation with his girlfriend's mother in the home he shared with his girlfriend. The trial defense centered on West Virginia's self-defense ... laws, including application of the Castle Doctrine, or Stand Your Ground law. After a day of evidence, the jury returned a verdict of Not Guilty to Battery and Not Guilty to the lesser included offense of Assault in 17 minutes. No plea offer had been extended by the state prior to trial aside from offering to let our client plead guilty to the offense and argue sentencing. While the field below indicates a specialty area, West Virginia's Rules of Professional Conduct do not permit attorneys to claim to be specialists, nor does the State Bar recognize specialty classifications.

Criminal defense

State v. Miffitt

Aug 10, 2017

OUTCOME: Jury Verdict - Not Guilty

Client was charged with battery after using pepper spray to defend against a trespasser who attacked client. Because the dispute arose over a boundary line argument, the state charged my client with b ... attery and refused to offer a reasonable resolution. After a two day trial, the jury returned a verdict of Not Guilty after just 8 minutes of deliberation, successfully ending an ordeal that had lasted over a year.

DUI and DWI

State v. Allen

Oct 12, 2016

OUTCOME: Dismissed

Client was charged with DUI after being stopped by a police officer for erratic driving. The case turned on the fact that, as the client exited a bar/restaurant, the same officer held the door open fo ... r my client and noticed the client stumble off the stairs as the officer also stated that he "immediately detected the strong odor of an alcoholic beverage" coming from my client. As opposed to stopping my client right there and inquiring, the officer allowed the client to enter a vehicle and drive away, making a traffic stop approximately a half mile away. Upon discussing the circumstances of the arrest with the prosecuting attorney, he filed a Motion to Dismiss the charge at the request of the state, agreeing that the officer's actions had been negligent.

DUI and DWI

Jones v. WV DMV

Aug 10, 2016

OUTCOME: License Revocation Dismissed

This client's administrative license case came on for hearing nearly 3 1/2 years after the charges arose. The client was accused of DUI with drugs in a urine test performed following a serious collisi ... on in which the client was badly injured. At the administrative hearing to determine whether the client's license would be suspended, we were able to establish that the officer observed absolutely no signs of drug or alcohol impairment even though the client was injured, including the total absence of any smells or other physical evidence that would suggest impairment by drugs or alcohol. A urine screen conducted at the hospital revealed the presence of certain compounds indicating that at some point in the previous several days, the client had been exposed to both prescription and non-prescription drugs, but my experience in urine and blood matters suggested that the compounds were too old to have any relevance to impairment at the time of the wreck. An expert witness in pharmacology reviewed the file and agreed that the test results did not support a conclusion of impairment and offered testimony to that opinion during the license hearing. The final order from that administrative hearing just arrived and revealed that the hearing examiner in the case agreed with our position on the evidence and it was ordered that the client's license will not be revoked.

DUI and DWI

State v. J. Parsley

Aug 10, 2016

OUTCOME: Dismissed

Client was charged with DUI, left of center, texting while driving, and obstructing an officer. Due to an acute respiratory illness at the time, the client was unable to provide an adequate breath sam ... ple but had insisted on being taken for a blood test due to knowing the breath sample would not register. The officer refused to fulfill his statutory duty to assist the client in securing a blood test because he was irritated that the client was being demanding towards him. As a result of the officer's refusal to fulfill his statutory duty, upon motion filed on behalf of the client, the criminal case was dismissed and the administrative DUI penalty was dismissed as well on the basis that the law requires an officer to assist a suspect in obtaining a blood test because in some instances, as here, that blood test may be the only credible evidence of innocence a person is able to obtain. The officer violated the client's due process rights by refusing to help obtain a blood test.

DUI and DWI

State v. S. Hilton

Jun 23, 2016

OUTCOME: Dismissed

Client was charged for DUI 2nd offense and we prepared to fully defend the issue that client was not observed driving along with the fact that the state would be unable to prove that the client was int ... oxicated at any time of possibly being behind the wheel of the vehicle. Due to issues beyond the control of the defense, the case was never scheduled for hearing and we filed a motion to dismiss the case on the basis of a violation of the client's speedy trial rights. A hearing was scheduled after the motion was filed and we presented the argument to the court. After considering the motion, the law, and the court file, the court agreed that the client's Constitutional right to a speedy trial had been violated and the case was dismissed.

DUI and DWI

State v. Richardson

Apr 11, 2016

OUTCOME: DUI charge dismissed

My client was charged with DUI after fleeing from three attackers who jumped him and beat him. He had been out with co-workers and had a sober driver en route to pick him up, as had been planned befor ... e going out. As he walked out to wait for his ride, he was attacked and beaten with fists and feet. He was able to break loose and ran to his truck, which was parked nearby where it could be left overnight. Thinking only of his safety and with the attackers chasing him, he jumped in his truck and the three men followed and began beating his truck trying to get to him. No one came to help and there were no other opportunities for him to escape so he drove away and was stopped about a mile later. After he was charged, we argued that West Virginia case law provides that a person who is under a threat such as here is permitted, under very strict guidelines, to commit a crime for the sole purpose of avoiding the compelling circumstances. The magistrate conducted a trial and convicted my client with no more than 30 seconds of deliberating so we appealed. On appeal, we had a new trial with a circuit court judge and just got the final order acquitting my client of his charges and dismissing the case.

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

State v. Todd

United States v. Richards

State v. Graciano

State v. Ganoe

State v. Miffitt

State v. Allen

Jones v. WV DMV

State v. J. Parsley

State v. S. Hilton

State v. Richardson