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What is the penalty for first offense driving on suspended in the state of west Virginia
They was suspended for unpaid situations I didn't know they was suspended. Until I got pulled over
A fine only. Generally if have cleared up by time get to court prosecutor will dismiss. Worse case, small fine in $100...
In 1998 I received a DUI in Nicholas County which was dropped in court my license were suspended in how can I get them back?
I was targeted I only blew a 0.06 legal limit at the time was .1 it was dropped in court to wreckless driving but it had been sent into Charleston as DUI it has been 16 years how can I get my drivers license back? Would it be cleared from my record by now?
W.Va. Code § 61-11-26(i), including a conviction for driving under the influence of alcohol cannot be expunged. HIre...
If you are arrest for a DUI in your own personal vehicle ( but you have a CDL) can your CDLs still be revoked??
My husband was arrested february 2011 of a suspicion of a DUI(over a year ago). He was arrested in his own personal vehicle. I have not been able to locate his BAC. The officers that arrested him keep telling me they will have to contact me at a later date because it isn't in their system. Yet the lawyer we hired says that their is no way we can win our case that we should forfeit the DMV case. We feel as though we have been taken for our money and not given the answered we need. My husband has to have his CDLs in order to keep his job. This is his first offense. Does anyone have any advice for us? Should I get a new lawyer? Is it best to forfeit the DMV hearing.
Yes your CDLs can be revoked. CDL drivers are held to a much higher standard that regular licensees. You are always...
Can I fight a DUI Suspension that was not turned in as a DUI. The charge was Driving on a suspended 1st offense.
I was stopped and charged with Driving on a Suspended 2nd offences in April of 2015. In August I had a hearing and the charges were dropped to Driving on a Suspended 1st offense. Now three months later, I get a notice from the West Virginia DMV stating that my license will be suspended for 1 year for DUI. While my BAC was .05 which is under the legal BAC of .08 in West Virginia there was not charge for DUI even discussed. I have talked with the arresting officer who also agreed that there was no DUI charge and that it was only driving on a suspended 1st offense that was turned in to the DMV. I attempted to explain to her that the charge was not DUI but she would not listen. I moved to Orlando Florida just after the hearing. I am just at a loss as to what I can do.
Generally speaking, DMV and court aren't the same, that's why you can be charged in one and not the other, for most...
Arrested for a DUI with a negative breathalyzer
I was driving for work (class A truck) and went through a yellow light that turned red. When the officer pulled me over he immediately asked if I had been drinking. Which I denied and explained that I was returning from Michigan. He did a field sobriety test and said I was "wobbly" on one leg which I explained I had been driving 10 hrs. I had a negative breathalyzer and he arrested me anyways, impounded the truck and was held without bond 17 hours. I demanded a blood test. I am now out on PR awaiting trial for a DUI. How is this legal and how do I proceed? What's the likelyhood of this being thrown out and can I counter sue? Since I cannot work until this is cleared up.
When you say the breathalyzer test was negative, what do you mean? Was it 0.0%? Did you give a urine sample for drugs?...
Can a officer refile a charge as a new one or does it has to be the prosecution. The charge appears with 2 different case #.
I had a DUI charge (the whole case was sketchy). .05 BAC, I was parked. I filed a complaint against the officer and he was exonerated. After almost 9 months the case got demised by the prosecution. Two weeks after, the officer, not the prosecution refiled the charges(no new evidence, he said that I violated a plea deal even though they admint that there was no plea deal). His boss sent me an email with the summons(not served since i live in another state). After i refused to go until i was served, the issued an arrest warrant.
If the case was dismissed then jeopardy had not attached (Double jeopardy means you cant be twice charged with the same...
If first time aggravated dui plead down in court to non aggravated will WV DMV reduce requirements to reinstate license?
Case was over a year ago and moved out of state shortly after. Do not plan on moving back to WV but feel I'd have to for the 9 month ignition interlock. If case was plead down in court will DMV hear the case?
Short answer: No. Sincerely, Harley O. Wagner, Esq.
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