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Administrative License Revocation in Weirton
Before the Senate Bill that took effect on July 1, 2020, handling DUI cases was a complex process. Each case required two separate hearings – one for the DUI charge and another for administrative license revocation. Prior to the bill, there was an additional hearing before a judge in a court for administrative license matters. However, with the new bill in effect, DUI cases are now consolidated into a single court for determining punishment and conviction. The Administrative Hearings Office was dissolved on July 22, 2021, and all DUI cases filed before July 21, 2020, will continue with their hearings there. Pending cases are subject to dismissal temporarily.
Navigating the intricacies of the various DUI cases and the implications of Senate Bill 130 can be daunting. That’s why it’s crucial to seek assistance from a skilled Weirton DUI lawyer to streamline the process. Mountaineer Criminal Law Group, a reputable law firm, is here to assist you. Our Weirton DUI lawyers will diligently handle your case to ensure a favorable outcome.
The new single-court system
The previous court system in West Virginia involved two separate hearings for driving license penalties. However, the process has now been simplified to a single hearing, and the severity of the charges determines the associated license penalties.
Administrative License Revocation in Regional DMV Hearings
The DMV headquarters in Charleston maintains various records related to administrative license revocation. While the case hearing may take place at any of the regional offices, our Weirton DUI Lawyer will provide dedicated legal representation for handling DUI cases.
Typically, the hearing location corresponds to the regional detachment closest to the arrest location, and our lawyers travel there to resolve the case.
Losing License without Conviction
For cases filed before July 1, 2020, there is a possibility of administrative license confiscation even in the absence of acquittal.
The administrative hearing is a legal proceeding related to consent testing, where the government faces fewer burdens compared to proving criminal penalties. In DUI cases, the citizen’s rights and freedom are at stake. The suspension of the administrative license depends on the application of the “preponderance of evidence” standard. On the other hand, the criminal court must meet the evidentiary burden of proving guilt “beyond a reasonable doubt.”
In the past, lawyers faced numerous challenges when trying to prove innocence and regain a license. However, the situation has changed with the implementation of Senate Bill 130, which has significantly reduced the odds of winning. Now, one court handles the proceedings, and the license can be revoked based on the Weirton criminal lawyer charges.
At Mountaineer Criminal Law Group, our Weirton DUI lawyer will assist you in filing an administrative license appeal for cases prior to July 2020. This will allow you to present your case at the Administrative Hearings Office, where the final order will be issued in West Virginia. Taking advantage of the backlog of cases, a potential delay in this process offers the benefit of driving for an additional 8-10 months. However, it is crucial not to miss the hearings, as doing so increases the chances of license revocation.
Talk openly with our Weirton DUI lawyer at Mountaineer Criminal Law Group to ensure that your case is thoroughly heard and deserving justice is achieved.
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