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Do I need an attorney
I worked for the state of wv highway dept, I failed a random drug test but went trough their drug rehab and completed it, now 4 years later I went to work driving again and 1 month later my current employer is told that I didnt complete the program and has to let me go. I have all documentaion to prove I completed the program and copies of all negitive test results,, what can I do,, please help
Contact an employment attorney, not a dui defense attorney.
Can you be charged with DUI causing death to another person after they have settled with your insurance company
the passenager of the wreck settled out of court with my insurance company, while he was in a nursing home, after being in there for 7 months they let him go home with his wife, he cought phnumona then went back to nursing home, then a few days later ened up dying, they charged my husband with DUI causing injury, now that the other guy passed away they are trying to charge my husband with DUI causing death. can the state do that after the other guy signed a release paper for my insurance company
Signing a release with an insurance company does nothing to impact a criminal prosecution. The insurance claim is a...
What if you do not own a car but it is required by law to complete the test and lock program in WV to reinstate your license?
I recently received a DUI in wv. The administrative consequences according to a letter I received in the mail state my license will be suspended for 45 days and after completing mandatory alcohol test and lock program as well as safety and treatment program I could reinstate my license. The problem is I do not own a car nor have approval from anyone to install a breathalyzer in their car. How is this situation handled?
There is a provision in the governing statute that allows for the citizen to request "incapable" status. Incapable...
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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