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Administrative License Revocation in Wellsburg WV
Prior to the implementation of the Senate Bill, DUI cases involved a complex process with multiple hearings. One hearing focused on the DUI charge itself, while another addressed administrative license revocation. However, since the bill took effect on July 1, 2020, DUI cases are now consolidated and decided in a single court, streamlining the punishment and conviction process. On July 22, 2021, the Administrative Hearings Office was dissolved, and all DUI cases filed before July 21, 2020, will proceed with their hearings there until unresolved.
Managing various DUI cases and understanding the implications of Senate Bill 130 can be daunting. That’s why it’s crucial to seek assistance from a Wellsburg WV DUI lawyer who can guide you through the procedure. Look no further than Mountaineer Criminal Law Group, a reputable law firm with experienced DUI lawyers dedicated to ensuring a favorable outcome for your case.
The new single-court system
Under the new single-court system, the convoluted process of dealing with driving license penalties has been simplified. The severity of the charges determines the corresponding license penalties.
Revocation of Administrative License in one of the several regional hearings of DMV
Administrative license revocation hearings now take place in various regional offices of the DMV headquartered in Charleston. Depending on your specific case, you may be summoned to one of these offices for the hearing. Our Wellsburg WV DUI lawyers at Mountaineer Criminal Law Group will provide expert legal representation to effectively handle your DUI case.
Typically, the hearing location will be situated near the location of the arrest, allowing our lawyers to conveniently resolve your case.
Losing License without conviction
For cases filed before July 1, 2020, the confiscation of administrative licenses was a possible consequence, even without facing acquittal. During administrative hearings, which are legal proceedings related to consent testing, the government has a lesser burden of proof compared to criminal penalties. This puts the rights and freedom of citizens in DUI cases at stake. Administrative license suspension is determined by the “preponderance of evidence” standard, while the criminal court considers the higher evidentiary burden of proving guilt “beyond a reasonable doubt.”
In the past, lawyers faced numerous challenges when attempting to prove someone’s innocence in order to regain their license. However, the situation has changed with the implementation of Senate Bill 130, which has significantly reduced the odds of success. Now, individuals need to go to a single court where the license is revoked based on the criminal charges.
Our Wheelsburg WV criminal lawyers are dedicated to assisting you in filing an administrative license appeal for cases before July 2020. This will allow you to present your case at the Administrative Hearings Office in West Virginia, where the final order will be issued. It’s important not to miss these hearings, as attending increases the chances of retaining your license.
At Mountaineer Criminal Law Group, our Wellsburg WV criminal lawyers are here to listen to your case and ensure that you receive the justice you deserve. Please feel free to reach out and discuss your situation.
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