Crime, law and justice, and police blotter near Diana, WV or anywhere in the US.
Recent Crime News
I haven't been set a date for court for my second DUI. Can i get my license back and can i request for it to be dismissed?
I got charged with first offense DUI September 2011. The judge did not accept a plea upon me voluntarily entering the interlock program. In March of 2012, i was caught driving with expired registration and charged with my second DUI because of my revoked status. DMV sent me no notification of my license being suspended or my registration needed renewed. The court of the Second DUI now has jurisdiction over everything, but they have yet to set a date for me to appear. After march, can i request for the case to be dismissed, take my classes, pay my fines and get the charges dropped and my license back?
While I don't practice in WV, I find it difficult to comprehend how you could be charged with a second DUI due to your "...
How long can the WV OAH take to render a decision after a hearing for an aggravated DUI?
My daughter was arrested 7/19/14 for aggravated DUI. She received notice on 8/21/14 that her license would be revoked and she would have to participate in the test and lock program effective 9/28/14. We petitioned the OAH for a hearing within the time frame. We were granted a hearing in Nov. 2014 which was postponed to Feb. 4, 2014 as requested by their attny. We had the hearing and now it has been 17 months and we JUST received notice that we "lost". Can they take that long to render a decision? Is she really going to be punished for staying "good" for 2 years?
But one of "many" reasons the WV legislature introduced legislation this last term to eliminate the administrative...
How do you use your "Right to Travel" to beat a "driving on a suspended" case?
My husband got arrested for driving on a suspended(dui). However, the constitution states that drivers licenses are only required for drivers who drive for a living/compensation and that every American has the right to travel freely on public roads, by automobile and no license is required. It also says that no state laws shall over rule or take this right because that would interfere with a persons right to life , liberty and the pursuit of happiness, which means that every American has the right to drive without a license as long as they are not getting paid?Am I wrong?
I am sorry ma'am, but yes you are wrong and your legal analysis is wholly inaccurate. A lawful driver's license is...
hi dave hear,got stopped a yr and a hf ago and charged with dui,went to court with a court appt attyy,and court case got threw out,then got a letter from dmv(wv here) ,stating they were gonna try and mess with my drivers license,and dmv said dosent matter that the court case was dismissed, but prior to it being dismissed I contacted an atty in charleston,and they told me it would be 2500 depending on how the court case went,well it got threw out with the public defender I had,and its been 1 1/2 yrs and I asked the atty I hired for a partial refund on the 2500 I gave them, as Ive heard nothing else from the dmv and I truly wasnt under the influence(gave blood) and the atty sid he would check into it 2 weeks ago,and ive left message at there firm ,and online talking to him ,now there simply not responding,am I not entitled to a partial refund
You will first half to check your signed engagement agreement contract for primary guidance and secondarily the WV...
Do I have any defense to have the first DUI dropped off my record due to the fact I completed everything in October?
I've was charged with my second DUI on December 5th, but I went through the deferral program for the first DUI, so this is a first offense DUI. I blew a .07 and I am 20 years of age. I have records that i finished all of my classes and reports on October 12th of 2014, but the courts didn't receive the work until January 5th. The prosecutor has offered me the choice of dropping the first one and receiving the second one on my record or going to trial and leaving the first one on my record.
The hidden, wholly unfair and misleading aspect of West Virginia's deferral program -which is the exact same as most...
DUI erroneously reported from another state, do we let it go, fight it or try for interlock
My son is a WV resident, he was pulled over in Ohio they requested a urine sample. After 3 separate court dates for continuance (because the urine results were not back yet) my son finally pled no contest per his public defenders advise. In Ohio, if your urine is positive for more than 10 nano grams of marijuana it is considered OVI regardless of if he was impaired at the time. He knew it would be positive, even though his actual results were not back yet. Yesterday we received notice from WV that his license are suspended for 90 days because of a DUI in Ohio of less than .15. I spoke with WV DMV today they said that Ohio reported it as an alcohol DUI even though there was no alcohol it was marijuana.
Do we accept the alcohol charge and try for the interlock program which will grant him driving privileges, or do we fight this since it is not true that it was alcohol related. My problem with fighting it for a drug related then there are no driving privileges granted until the 90 days suspension is fulfilled. Is there a possibility we could get the whole suspension "thrown out" for WV being that it was erroneously reported as alcohol when in fact there was no alcohol involved?
You should speak with experienced DUI lawyers from OH and WV to figure out your best chances, since DUI laws are state...