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Administrative License Revocation in Hancock County
The implementation of Senate Bill which took effect on July 1, 2020, has greatly simplified the handling of DUI cases. Previously, each case required two separate hearings, one for the DUI charge and another for administrative license revocation. Following the enactment of the bill, DUI cases are now consolidated into a single court proceeding, streamlining the process of determining punishment and conviction. The Administrative Hearings Office was dissolved on July 22, 2021, and until that date, any DUI cases filed before July 21, 2020, will continue to be heard there. Cases that remain unresolved are subject to dismissal temporarily.
Dealing with the complexities surrounding DUI cases and the implications of Senate Bill 130 may appear daunting. That’s why seeking assistance from a knowledgeable Martinsburg DUI lawyer is crucial to navigate through the procedures. Look no further than the esteemed law firm Mountaineer Criminal Law Group for professional legal counsel. Our experienced Hancock County DUI lawyers will diligently handle your case, working towards a favorable outcome.
The new single-court system
Previously, the court system in West Virginia involved dual hearings for license-related penalties. However, with the new system, a single hearing is conducted, and the severity of the charges determines the corresponding license penalties.
Revocation of Administrative License in one of the several regional hearings of DMV
The DMV headquarters in Charleston maintains various records of administrative license revocations. Depending on the specific case, you may be summoned to one of the regional DMV offices for your hearing. Our Hancock County DUI lawyers provide expert legal representation to guide you through the DUI case process.
Typically, regional hearings are held near the location of the arrest for convenience. Our lawyers will travel to the appropriate location to handle your case efficiently and effectively, ensuring the best possible resolution.
Losing License without Conviction
For cases filed before July 1, 2020, the administrative license may be confiscated even in the absence of acquittal.
Administrative hearings are legal proceedings related to consent testing, where the government is required to meet fewer burdens compared to proving criminal penalties. In DUI cases, the rights and freedom of citizens are at stake. The suspension of an administrative license depends on the application of “preponderance of evidence” standards. However, the criminal court must meet the evidentiary burden of proving guilt “beyond a reasonable doubt.”
Previously, lawyers faced numerous challenges when proving someone’s innocence to reinstate their license. However, the situation has changed with the implementation of Senate Bill 130, significantly reducing the likelihood of success. Now, a single court determines the revocation of the license based on criminal charges.
At Mountaineer Criminal Law Group, our Hancock County criminal lawyers are here to assist you in filing administrative license appeals for cases before July 2020. This allows you to present your case at the Administrative Hearings Office, where the final order date will be issued in West Virginia. Delays in this process can provide the benefit of extended driving for approximately 8-10 months, primarily due to the backlog of cases. However, it is crucial not to miss the hearings, as doing so greatly increases the risk of license revocation.
Contact our Hancock County DUI lawyers at Mountaineer Criminal Law Group to discuss your case and ensure that you receive the justice you deserve.
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