Crime, law and justice, and police blotter near Spurlockville, WV or anywhere in the US.
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Passed a breathilizer .079 no injury,damages officer cuffed me & went to ER with warrant, no consent had blood drawn
followed me 2 miles b4 pulling me over for left of center. (LOC) driving violation. Simple posess. marij. 2g (SP) ticket, fine, prob? Concealed weapon (CW) 2witnesses not concealed & Dui- no charge criminal or dmv should stand .079 is less than.08. current DUI of drugs, alcohol, or controlled substance states only blood sample when injury or death occurs! right?
If the officer had a warrant, the blood draw is presumably legal under McNeely v. Missouri. No injury or death is...
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.
If i hired a lawyer for breaking the law 17B-4-3B in west virginia can i get out of it with only a fine?
I was sitting in a parkinglot at a resturant at midnight with the vehicle running because i was talking on my phone and a cop came and checked my lisense and gave me a ticket for driving on a revoked for dui. I already took the classes to get my lisense back and paid them off so i could get my lisence back i really dont want to go to jail over this especally because i have a decent job. Please help.
You should consult directly with an attorney regarding this, especially since it carries mandatory jail time. Is there...
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