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ALS Appeal in Wheeling
If your license has been administratively suspended, you have the right to appeal this suspension. It’s important to note that waiting to see if you are found not guilty will not automatically reinstate your license. Instead, the only way to regain your driving privileges before the designated suspension period is by initiating an appeal within thirty days of your initial hearing.
Under the West Virginia Revised Code Section 4511.197, an ALS (Administrative License Suspension) can be appealed as early as the driver’s first hearing, which takes place within 5 days of their arrest or within 30 days of the first hearing.
Purview of the Administrative License Suspension Appeal
Let’s delve into the scope of an Administrative License Suspension appeal. As outlined in the West Virginia Revised Code Sections 4511.197(C)(1)-(4), the purpose of the appeal hearing is to address four specific possibilities:
- Determining whether the person refused chemical testing or had an illegally high alcohol concentration in their blood, breath, or urine leading to a test failure suspension.
- Verifying whether the arresting officer had reasonable grounds to suspect the individual of being an intoxicated adult, an intoxicated juvenile, or illegally operating a vehicle, and if the officer did indeed make the arrest. (ORC Section 4511.197(C)(1))
- Establishing whether the alleged offender was asked by the police officer or trooper to undergo one or more tests. (ORC Section 4511.197(C)(2))
- Confirming whether the person under arrest was fully informed by the officer about the potential consequences of taking or refusing the test. In the case of repeat offenders, the officer is permitted to use necessary and reasonable means to obtain a blood sample, with advance disclosure to the suspected DUI offender. (ORC Section 4511.197(C)(3))
Are you looking to reinstate your suspended license? Seek the expertise of a knowledgeable Wheeling WV DUI lawyer who can guide you through the process. During your consultation, the lawyer will assess whether your situation meets the criteria for license reinstatement. If not, they will request a hearing where the arresting officer will testify and your Wheeling WV criminal lawyer will advocate for the cancellation of the suspension.
Furthermore, your attorney will thoroughly review the BMV Form 2255 prDUIded by the arresting officer. They will meticulously examine its completion and notarization, as any errors or inconsistencies could potentially dismiss it as evidence against you. Specifically, your lawyer will check if the checkbox indicating administrative suspension is marked, and if the reason for your arrest is accurately stated. The arresting officer must also clearly justify the grounds for your arrest and attest to the statements made on the form. Improperly completed sections may prDUIde a basis for lifting the suspension.
It’s crucial to remember that navigating this process alone can be challenging and daunting. Rest assured, a seasoned Wheeling WV DUI lawyer with expertise in Wheeling law is ready to offer you the necessary guidance and representation.
The Process of Appealing an Administrative License Suspension
Appealing an Administrative License Suspension involves filing an appeal either at your initial hearing or within 30 days. Adhering to the time limit specified in Section 4511.197 of the West Virginia Revised Code is crucial. Failure to appeal the suspension and subsequent conviction will result in upholding the ALS. Filing within the designated timeframe increases your chances of obtaining an early license reinstatement.
For your best chance at challenging the improper suspension of your license, turn to Sean Logue, the trusted Wheeling WV criminal lawyer. If you find yourself in this situation, don’t hesitate to call him today at (304) 381-3656.
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