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Wellsburg WV, WV DMV Hearings
Mountaineer Criminal Law Group offers the best legal Representation during DMV DUI Hearings
Prior to the enactment of West Virginia’s Senate bill 130 on July 1, 2020, all DUI cases were subject to initiation through two separate court proceedings. If your conviction occurred before this date, you were required to navigate twin proceedings: one in the administrative license revocation court and another in the criminal court for DUI offenses. This process necessitated appearances in different courts, potentially scattered across various cities, and involved multiple judges and jurors. Cases pending before July 1st, 2020, will continue to follow the traditional procedure. However, if you faced a conviction after this date, you will likely only need to attend a single court hearing. Conversely, cases predating this legislation must adhere to the established procedures at the Office of Administrative Hearings until its dissolution on July 2, 2021. Unresolved cases subsequent to this date will be subject to dismissal.
Despite popular belief, these cases can become highly complex and require the assistance of a qualified Wellsburg WV DUI Lawyer to navigate effectively.
If you are currently confronting a DUI DMV case and seeking the expertise of a Wellsburg WV Criminal Lawyer, our firm is here to assist you. At Mountaineer Criminal Law Group, we possess extensive experience in handling such cases and are committed to securing a favorable outcome for you.
Phasing Out the DMV Hearing Process
In the past, DUI cases were notorious for their complexity and the common loss of driving privileges. However, West Virginia has implemented a comprehensive approach by consolidating all proceedings into a single court. Consequently, cases arising after July 1st, 2020, must now be addressed within one court, which will determine the associated consequences, including penalties and license suspensions. Thus, if you are not facing a DUI conviction, there is no need to endure the suspension of your driving license, unless the nature of the crime involves aggravated DUI or DUI with child endangerment or a minor present in the vehicle.
When confronted with a serious charge such as DUI, it is crucial to construct a strong defense prior to the hearing. Consulting with a Wellsburg WV DUI Lawyer will ensure that you receive the proper legal guidance and, if found guilty, a fair and proportionate punishment.
All Arrests in West Virginia for DUI Pre-July 1, 2020, Trigger an Administrative License Revocation
Drivers are subject to a breath test, and refusal leads to a check of the blood alcohol content (BAC) limit. If found guilty, the state imposes penalties by revoking the driver’s license.
Handling an Order of Revocation Notice
Receiving a revocation notice can be overwhelming. When you consult a Wellsburg WV Criminal Lawyer, they will guide you through the options available.
- Your lawyer can file a written objection, requesting an administrative hearing to contest the DMV’s revocation attempt.
- Alternatively, you may choose to install an ignition interlock device for the duration of the revocation period instead of requesting an administrative hearing. This option is recommended if you decide to fight your DUI charges.
Facts about DMV DUI Hearings
Driving is not an inherent right but a privilege that can be revoked in DUI cases. You have a 30-day window to appeal for an administrative hearing. It is crucial to consult a Wellsburg WV DUI Lawyer during this period.
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Whether you are facing a case before or after the Senate bill, our Wellsburg WV Criminal Lawyer is here to help you navigate through the difficulties. Contact us today for a free consultation.
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