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Dmv dui hearing
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...
How do I get permission to drive to work, counseling NA following OVI
I pled guilty to OVI in Ohio, even though I was not impaired at the time,I had marijuana in my system from prior use, under Ohio law that means I'm guilty of OVI. I am a West Virginia resident, WV does not have this law that im aware of. I just received a notice from WV that my driver's license is suspended due to the Ohio charge. I am currently court ordered drug counseling, NA, must keep full time job etc. for a separate charge in WV for possession of marijuana. If I can't fulfill those I will go to prison. What are my options for getting restricted driving privileges to get back and forth to work, counseling etc. I know WV does not acknowledge restricted privileges but Ohio does. Do I try to get permission to drive via WV or Ohio since that's were my charges are coming from. WV will allow a blow n go but only if my offense was alcohol related (it was not). All I need is permission to drive to and from work, drug counseling and NA meetings.
You can certainly get privileges from the Ohio court, which will clear up the issue as far as Ohio is concerned. The...