Follansbee Crime

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West Virginia DUI Question
5 years ago I was charged with DUI in WV. The charges were reduced to reckless driving. I got a letter from the WV DMV saying I had to take classes. When I called they said since I was a PA resident that I would have to call PA DMV to see what they wanted me to do. When I called PA they said they had no record of it so as far as they were concerned I didnt have to take any classes. I just moved to Ohio and tried to get a new licence but was flagged by WV. Will I have to take the classes and if so will I be able to take them somewhere in Ohio?
Every State has conditions on obtaining a license. Driving is considered a "privilege," not a "right" and as a result,...
If I was given an underage consmption ticket, and the BAC was impossibly high, >.5, could I get off of the ticket on that fact?
So I recently recieved a ticket for underage consumption. The ticket is for a whopping $550. When I was breathalyzed I blew a .5 and on the ticket he put .5. Obviously this is impossible. If I blew a .5 I wouldn't have to worry about the fine because I would be dead. I was given a court date this thursday. Could I get this dismissed simply on the fact that the breathalyzer was obviously malfunctioning? Any other advice?
First, a BAC of .5 isn't impossible. I've seen them over .7. Second, if cross-examined, the officer will almost...
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.
MD required me to do the 90 day alcohol classes, i live in WV for over 3 years, this was 5 years ago, I cannot get my license WV
I was incarcerated 5 years ago, took the classes in jail, don't have my certification, then took 8 weeks with probation, i have lived in WV since my release (3yrs) WV cannot give me my license and MD won't forgo the requirement? What do i do, can i get an appeal? My license is revoked/suspended until i can get this done. i have done it twice and they won't accept the information (MD DMV)
Call MD DMV. Tell them you no longer reside there and ask them what you need to file to get the hold removed.