Elkins Crime

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Elkins Law

What are my rights at a sobriety checkpoint and what is the best way to handle an encounter with an officer at said checkpoint?
Drove into a sobriety checkpoint. Did not notice if everyone was being stopped or if there was profiling. Am over 30/M, look about 25, was alone. Trooper approached vehicle, asked "how are you doing?" Put vehicle in park, turned on overhead light, rolled window down all the way, did not turn engine off, put hands on wheel. He asked again, I said "fine, how can I help you?" He asked if I had anything to drink, I said "no". He asked where I was heading. I told him (town name). He said that is an exciting place and that he has spent a lot of time there and he asked what part I lived in, I told him and he said again that he has spent a lot of time there and asked what part I lived in. I told him not the deep part. He let me go. I feel like he was profiling me as poor white trash. What's best?
Nothing. You were not arrested or charged. Nothing in your post indicates anything other than a routine sobriety...
Can someone please help me get my license and all my money back from these bogus charges
This still contains to the first situation about the DUI case I got screwed over on. If someone would please contact me or give me a contact number I can give a better statement of my situation. I appealed DMV case, went to court at DMV, officer shows up at hearing lying and when I called him on it he jumped up out of his chair and said, im done here. Through his folder on the table and walked out of the court room and left in his patrol car. We was only about 10-15 minutes into the hearing when he went storming out threatening me at the same time and they didnt even throw it out over his actions they found me guilty 3 months later and took my license. Now after going through everything they ask me to do I violated their program because I drove a frinds car 1/2 a mile into town to help out another friend and got pulled over and arrested for not having the interlock device in that vehichle. If judge Jenkins from the Preston County WV court house is correct I shouldnt have been put on yhe program to begain with because the DMV illegally revoked my license in the first place because I represented myself in their court room instead of hiring a lawyer. Please help me and be rewarded
No one will contact you from this site unless you first contact them. You can use the find a lawyer tab to locate...
How can I find out if have a clean driving record when my dui was dismissed is court
If my first dui was dismissed in court (arresting officer was a no show ) will my driving record be clean?
Should be. Get a copy of your driving record from the DMV.
I received an underage, Is there an expungement process for this? And what else do I need to do to prepare for my court summon?
I am an 18 year old Maryland resident who was visiting a friend in West Virginia when I received an "underage consumption of alcohol". I have a municipal court summon and am wondering whether if this will affect my record and if so is there an expungement process? And also what are the possible consequences I face?
If you plead guilty or no contest to public intox in WV, it will remain on your record and is not eligible to be expunged.
Will I have to take DUI classes. After getting my second DUI over 3 years or can I just go to DMV and take the driving test and
Need to get driver license
The classes are a mandatory component in WV no matter the time lapse, and must be taken in person at an approved course....
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?...