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Waynesboro, VA

#1 Sep 7, 2011
I have a DMV hearing coming up soon. I got everything dropped to 1st offence DUI in local courts. However, I am looking at losing my license for a year, and blow and go for a year. If I lose my license I lose my job. Has anyone ever had a DMV hearing that didn't result in a loss of driving privileges? BTW I think I have the best lawyer in Beckley.

Since: Aug 08

Location hidden

#2 Sep 7, 2011
I've known some drivers who lost their licenses because of a DUI except for driving to and from work. Maybe you will get lucky and get that sentence.
informed citizen

Oak Hill, WV

#3 Sep 7, 2011
Lesson Learned wrote:
I've known some drivers who lost their licenses because of a DUI except for driving to and from work. Maybe you will get lucky and get that sentence.
That must be a rare occurance because WV doesn't give an execption for driving to work. There is the interlock - but you may still have to serve some time without your driving privilege.

Q. Can I get a "work permit" to drive to and from work if my license is suspended?

A. No. West Virginia, unlike some other states, does not currently allow a "work permit" or other type of special license for drivers whose privileges have been suspended. The closest thing to a special permit is the Ignition Interlock Program (commonly called the "blow and go"), which allows a suspended driver to again begin driving, but only after a minimum suspension period is first served.

Also, DUI is a two-part legal issue. The first is the criminal part which a 2nd offense can be reduced to 1st, but I've been told that the DMV (which is the second part) will almost always look at it as a 2nd offense issue.
Help

Waynesboro, VA

#4 Sep 7, 2011
informed citizen wrote:
<quoted text>
That must be a rare occurance because WV doesn't give an execption for driving to work. There is the interlock - but you may still have to serve some time without your driving privilege.
Q. Can I get a "work permit" to drive to and from work if my license is suspended?
A. No. West Virginia, unlike some other states, does not currently allow a "work permit" or other type of special license for drivers whose privileges have been suspended. The closest thing to a special permit is the Ignition Interlock Program (commonly called the "blow and go"), which allows a suspended driver to again begin driving, but only after a minimum suspension period is first served.
Also, DUI is a two-part legal issue. The first is the criminal part which a 2nd offense can be reduced to 1st, but I've been told that the DMV (which is the second part) will almost always look at it as a 2nd offense issue.
Yes, it is 2nd offense to the DMV, I had one back in 2003. I know what I did was ver wrong, and drinking and driving is very bad. I have already completed the DUI classes. However, I WILL lose my job. I know that after my hearing they will say that I am guilty, you can't drive for a year, and then you must have the interlock put in your car. Why can't I just have the interlock for 2 years, or 3, or 4 so I can keep my job of 6+ yrs. I work in an industry that if you are out for 6 months you are outdated. Maybe I will have to resort to writing my Congressmen, or something...this is just crazy.

“Don't Start Rumors!”

Since: Oct 09

Location hidden

#5 Sep 7, 2011
Not sure how it is now, but it used to be that if the arresting officer didn't show up to the DMV hearing, DMV could no longer pursue charging you with it at all and it had to be dropped from your record all together. But now days , i'm not sure if the arresting officer still has to be present at DMV hearings. I had a friend that got out of his that way around 10 years ago with the DMV hearing. Might pay to have your lawyer check into that and get into contact with the arresting officer to see if he can possibly be conveniently on vacation at the time the hearing comes up or something. Hopefully though 2 times is enough to tell you something very important. Hope your not married with kids and a soul provider!

Since: Jun 10

Topix

#6 Sep 7, 2011
Help wrote:
I have a DMV hearing coming up soon. I got everything dropped to 1st offence DUI in local courts. However, I am looking at losing my license for a year, and blow and go for a year. If I lose my license I lose my job. Has anyone ever had a DMV hearing that didn't result in a loss of driving privileges? BTW I think I have the best lawyer in Beckley.
I'm sorry, I don't understand. Do you mean that your employer will automatically fire you, or do you mean that you will lose your job if you can't find an alternate means of transportation to and from work?
Help

Waynesboro, VA

#7 Sep 7, 2011
DrMUDD wrote:
Not sure how it is now, but it used to be that if the arresting officer didn't show up to the DMV hearing, DMV could no longer pursue charging you with it at all and it had to be dropped from your record all together. But now days , i'm not sure if the arresting officer still has to be present at DMV hearings. I had a friend that got out of his that way around 10 years ago with the DMV hearing. Might pay to have your lawyer check into that and get into contact with the arresting officer to see if he can possibly be conveniently on vacation at the time the hearing comes up or something. Hopefully though 2 times is enough to tell you something very important. Hope your not married with kids and a soul provider!
Yes, my Lawyer mentioned that the arresting officer has to be there. So yes, I am hoping that for 'some' reason he may not show up. Also, no we don't have any kids and my wife makes good money but not as much as me. I mean things could be worste, but I actually LIKE my job 80 grand working 25-30 hrs a week. And yes Dr. Mudd, I have learned that booze and I do not mix, not just driving. I proactively got help and that is what kept me out of jail for 6 months considering the people I crashed into showed up at my last hearing to tell the Judge to throw the book at me...

“Don't Start Rumors!”

Since: Oct 09

Location hidden

#8 Sep 7, 2011
Good deal man, wish you the best of luck! Hopefully that officer will be too busy working on clearing pill heads and meth addicts off the streets the day of your hearing and focusing on more important things like that, instead of a person like you who is pro-actively taking care of business and trying to do better. Maybe that arresting officer needs to know your success so far and whats at stake. Who knows it may help. I would think it wouldn't take too awful much for your lawyer to make a couple phone calls for you at least just to get a response if nothing else.Good luck once again.

Since: Aug 08

Location hidden

#9 Sep 7, 2011
I haven't lived in WV very long and the cases I'm familiar with were in other states. Maybe Virginia does have a law that will allow him to drive to & from work...maybe not though if driving is his job.$80 grand working 25-30 hours a week...nope, doesn't sound like a driving job. Hire a driver.

Second offense DUI and crashing into someone else probably calls for some book throwing.

I hope you're not thinking of bribing the officer.

“Don't Start Rumors!”

Since: Oct 09

Location hidden

#10 Sep 7, 2011
I'm also pretty sure that the officer is given a set time to appear that day of the hearing just as you are. The way it worked out for my friend was that DMV had to give the officer 15 minutes and 15 minutes only after the scheduled time of the hearing to begin. Once my friend had been there 15 minutes and no officer had shown up, they immediately closed their files , got up from the table and told him that they had to drop it, without the officer being there. After about 20 minutes and while my friend was on his way out the door , the officer showed up but it was too late and nothing ever became of it.
Occasionally you will get a judge who will remand the charge to the criminal courts only so that no paperwork even makes it to DMV but it sounds like thats not the case with your case.

“Don't Start Rumors!”

Since: Oct 09

Location hidden

#11 Sep 7, 2011
His lawyer might get the chance to at least speak with the officer and see if he plans on showing up. I would think he could do that without any bribery at the very least. At lest this person would then no for sure what his next move will be while he still has time to make a future plan.
Help

Waynesboro, VA

#12 Sep 7, 2011
DrMUDD wrote:
Good deal man, wish you the best of luck! Hopefully that officer will be too busy working on clearing pill heads and meth addicts off the streets the day of your hearing and focusing on more important things like that, instead of a person like you who is pro-actively taking care of business and trying to do better. Maybe that arresting officer needs to know your success so far and whats at stake. Who knows it may help. I would think it wouldn't take too awful much for your lawyer to make a couple phone calls for you at least just to get a response if nothing else.Good luck once again.
Thanks man, well, I am trying to be optimistic but it is hard. Again, I know I messed up, but with the pills and drugies come on? My lawyer has done more than I expected so far. There was much more than just a DUI...hit and run, leaving the scene etc. I would just like to be able to keep my job! How many people these days actually want to work for a living?
MADD

New York, NY

#13 Sep 7, 2011
So not only did u drink and drive. You drank, drove and then hit somebody! Ha! I hope you do lose your license. And I hope you do lose your job. And I hope that when the bills start coming in and you cant pay them that you sit back and say " thank you god. Thank you that I didn't kill anybody and all I have to do is figure out a way to pay these bills. Thank you that I didn't take somebody's mother/father, brother/sister, son/daughter from them because I had to much to drink and then drove home. Thank you god that I am still alive to have learned a lesson. Thank you god. "
Help

Waynesboro, VA

#14 Sep 7, 2011
MADD wrote:
So not only did u drink and drive. You drank, drove and then hit somebody! Ha! I hope you do lose your license. And I hope you do lose your job. And I hope that when the bills start coming in and you cant pay them that you sit back and say " thank you god. Thank you that I didn't kill anybody and all I have to do is figure out a way to pay these bills. Thank you that I didn't take somebody's mother/father, brother/sister, son/daughter from them because I had to much to drink and then drove home. Thank you god that I am still alive to have learned a lesson. Thank you god. "
MADD, I am aware that what I did was wrong, and I am willing to take responsability for it, but why should I have to lose my job/career? I am willing to put an interlock in my vehicle for however long it takes. I have went through rehab, and no longer drink. That being said I am very glad that I didn't take someone's life, and no one was hurt. Now, THAT being said F@@K YOU! I pay my bills no matter what! I will cash out my 401k if need be, take out a second mortgage. Ya know it's funny that you mentioned God when you wished me so much unfortune...you know religion is like having a penis...it is fine to have one...and to be proud of it, but don't break it out in public. WOW someone wishing that someone else loses their job in THIS economy. Please.
Help

Waynesboro, VA

#15 Sep 7, 2011
Sorry I guess I should've said Misfortune.
waste of money

Bedford, VA

#16 Sep 7, 2011
theres nothing you can do dude-hell ive had them drop the criminal charge of dui hit and run etc to recklass driving no dui -when it came to the administration dmv part i still got popped with 6 months no operators 6 moths interlock

“Don't Start Rumors!”

Since: Oct 09

Location hidden

#17 Sep 7, 2011
MADD wrote:
So not only did u drink and drive. You drank, drove and then hit somebody! Ha! I hope you do lose your license. And I hope you do lose your job. And I hope that when the bills start coming in and you cant pay them that you sit back and say " thank you god. Thank you that I didn't kill anybody and all I have to do is figure out a way to pay these bills. Thank you that I didn't take somebody's mother/father, brother/sister, son/daughter from them because I had to much to drink and then drove home. Thank you god that I am still alive to have learned a lesson. Thank you god. "
Hypocrisy is a cool thing isn't it there MADD GOD? Are you some sort of judge like figure or something. Don't let your church fall in on ya.
MADD

New York, NY

#18 Sep 7, 2011
Quit playing the " woe is me " card. You made a dumb decision - now pay for it. All I'm saying is be glad this is all you face. Could've been worse. Much worse. If you had so much on the line why risk it all for a couple beers then a drive? Worth it at the time right? Not so much now. Accept your punishment like a man. You did the crime - do the time.
Help

Beckley, WV

#19 Sep 7, 2011
MADD wrote:
Quit playing the " woe is me " card. You made a dumb decision - now pay for it. All I'm saying is be glad this is all you face. Could've been worse. Much worse. If you had so much on the line why risk it all for a couple beers then a drive? Worth it at the time right? Not so much now. Accept your punishment like a man. You did the crime - do the time.
Well MADD I have a hard time accepting NOT having my job for a mistake I made last year. Correct, it could have been MUCH worse, and I am so thankful it wasn't. The problem is that if I tell my boss that I lost my license then guess what... YOU pay for it, because I will get 1,200 a month in unemployment. Do you not understand that I WANT to work. Why wouldn't the DMV work with me on this? I said that I would pay for the interlock for up to 4 years, thus putting money in the pockets of local government and the state. I used to be drunk sometimes, and on occasion stupid. MADD, I would LOVE to debate you one on one regarding this issue.
Help

Beckley, WV

#20 Sep 7, 2011
waste of money wrote:
theres nothing you can do dude-hell ive had them drop the criminal charge of dui hit and run etc to recklass driving no dui -when it came to the administration dmv part i still got popped with 6 months no operators 6 moths interlock
Was that 1st ot 2nd offense? And when was it? Thanks

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