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License Suspension Procedure in Wheeling
There are Two Ways Your License Can Get Suspended in West Virginia
- By court order following a criminal conviction
- By the West Virginia Bureau of Motor Vehicles (BMV) through the administrative process.
Stay informed about the consequences and take the necessary steps to prevent license suspension in West Virginia.
Dealing with a license suspension can be overwhelming, especially if you’re unfamiliar with the law. Various scenarios can lead to this outcome, such as driving under the influence, accumulating excessive points on your driver’s license, or refusing a chemical test when suspected of DUI. The ways to fight the suspension depend on whether it was due to a criminal conviction or an administrative decision.
At Mountaineer Criminal Law Group, we recognize the confusion and stress this process can cause. That’s why we offer the assistance of experienced traffic lawyers who can guide you through the complexities. By working with us, you’ll have the support you need to fight the suspension with ease.
License Revocation by OMBV
In West Virginia, your license can be suspended in the following circumstances:
- Refusing to submit to a chemical test during a DUI/OVI stop
- Maintaining a blood alcohol concentration (BAC) of .08% or higher when lawfully stopped by an officer
- Failing to provide proof of auto insurance during a traffic stop
- Causing an accident while uninsured
- Accumulating 12 points on your driver’s license within a 2-year period due to various traffic violations
It’s important to note that when your license is suspended for any of these reasons, it’s considered a civil administrative procedure. This means you’ll face an administrative license suspension (ALS) rather than criminal charges. To challenge this suspension, it’s crucial to choose a Wheeling WV OVI lawyer who has direct experience working with the Bureau of Motor Vehicles (BMV).
Receiving Notice of a License Suspension
When it comes to maintaining your driving privileges, it’s crucial to stay informed about license suspensions. In the event of an Administrative License Suspension (ALS) during a traffic stop, the police officer will provide you with a copy of BMV Form 2255 while confiscating your license. You must immediately cease driving and reach out to an experienced West Virginia traffic lawyer for assistance.
Following your arraignment, you will have 30 days to appeal any criminal charges and seek their dismissal. Additionally, if your driver’s license accumulates 12 points or more, the BMV will send you a letter regarding the suspension, including the start and end dates. It is imperative to file an appeal by the start date of your suspension.
Duration of ALS
The duration of an ALS varies based on the severity, ranging from Class F to Class A suspensions. Class F suspensions can be resolved by meeting certain conditions, while Class E suspensions typically last for three months. Class A suspensions, considered the harshest, remain in effect for three years. The duration of your suspension will be determined in consideration of your driving and suspension history.
Contesting an ALS
Promptly filing an appeal is of utmost importance, regardless of whether your license was suspended during a traffic stop or through a letter notification. Waste no time in seeking the counsel of a trusted Wheeling WV criminal lawyer to protect your rights and navigate the legal process.
If you receive an ALS while facing criminal charges, your West Virginia traffic lawyer will provide representation on both civil and criminal fronts. It’s essential to note that even after a successful ALS appeal, you may still face driving privilege restrictions due to unresolved criminal charges. However, if your criminal charges are dropped or if you are found not guilty, your Wheeling WV OVI lawyer can expedite the process of reinstating your license.
Limited Driving Rights
In certain circumstances, you may be eligible to retain or obtain limited driving privileges, even while your driver’s license is suspended. Once a period of “Hard Suspension” has elapsed, your Wheeling WV criminal attorney can request a restricted driver’s license from the court or the BMV. This allows you to drive to work, school, hospital visits, and court-related appointments.
Connect With Wheeling WV Traffic Lawyer
For expert guidance and legal support throughout the license suspension process, turn to the Mountaineer Criminal Law Group. Our skilled West Virginia traffic lawyers are ready to fight for your rights and help you regain your driving privileges in the state of West Virginia.
Contact us now at (304) 381-3656 or visit our website to schedule a free consultation.
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