Well, I completely understand and can even relate to these at some level because I am now a criminal defense attorney in Morgantown and have dealt with a number of DUI defense cases of which some are even for clients who study at my alma mater, West Virginia University. I too have been a college student at one point in time so these things don’t need to be explained to me.

But what is important is how so many young people don’t understand that underage drinking or purchasing alcohol for minors, otherwise referred to as the “college crimes”, are actually quite serious and have deeper and graver implications. Here is an example that will make you understand better.

A 25-year-old woman in Washington County had been sentenced to two years probation with two hundred hours of community service on the basis of charges associated with a party that she had hosted about four years ago.

The woman, who was 21 years of age then, had purchased a case of beer for a party at her home and a 19-year-old boy present at this get-together apparently had some beers followed by an attempt to drive back home, according to the media reports. He had merely made it to about a half a mile on the road when his car met with a fatal crash.

This is a horrible incident, of course. But you should remember this as a lesson. Because it does not matter whether you are two months older than someone or twenty years older, you are an adult with the eligible age of drinking. So, ultimately you have to show responsibility for your younger friends and what happens to them.

Please don’t think that I am trying to scare you or make you feel guilty and I definitely don’t want this writing to become an online version of an after-school special. All I am trying to do is to get you thinking so that you can avoid such tactless and reckless behavior in the future which only leads to serious consequences. Try to be sensible and sensitive with age and delve deeper into matters. Drinking and driving are not at all what you call “cool”. It is a life-threatening misdemeanor. Prevent yourself from committing such offenses and take necessary precautions instead of landing up in situations where you will need to resort to a criminal defense attorney.

An offense as serious as drunken driving has serious implications for both the driver and the victim. While the victim may be severely injured or lose his life, the driver may be imposed huge fines or even face imprisonment depending upon his age and the severity of his action.

Source: Observer Reporter – Woman admits giving teens alcohol

The piece has been titled “Drunk Driving is Never an Option” which, according to the editorial board means that drinking and driving are not acceptable at any cost, no matter whatever reason or justification you give. It is never good enough.

Then, the writer tries to break down the kinds of excuses that are commonly heard in such DUI cases. For instance, someone might say that there is just a single cab service in Morgantown so there was no other option to reach home except to drive one’s own car.

In order to counter such feeble arguments, the writer provides some useful information to the readers about some sources of transportation that operate even late at night. For instance, the “drunk bus” takes rounds throughout the campus for three nights every week till 2 a.m. in the night, or the DubVSafe Ride, another bus service that can help you and your vehicle reach anywhere you need to be.

The editorial team of the WVU further explains how easy it is for people to use. What you need to do is simply message your vehicle’s make, model, and where it will be parked along with the pickup and the drop-off timings.

A lot has been spoken and written about the party culture and alcohol-induced students of West Virginia University, both on the university premises as well as the campuses nationwide. So, it was necessary to come up with such articles and write-ups which not make people aware of the DUI cases and their long-drawn consequences but also help deter other criminal offenses which are often charged with the DUI. Public drunkenness and antisocial attitude are closely connected to DUI offenses and are often charged together. So, one must think clearly before landing up in such situations.

Another point to be considered here is that by now, all of us are aware and completely understand the power of peer pressure on young people. But what you should understand is that it can be used for a good purpose too. If more people start encouraging and inspiring their friends to become more responsible for their actions such as making proper plans for reaching home safely after a night of partying or avoiding driving in an inebriated state at all costs, it would make a much deeper impact on them rather than what effect the professors or law enforcement officials have when they lecture on the crash statistics or the harmful effects of alcohol on the body. Although, I understand the importance of those lectures too, and agree that they are also equally necessary to create a safe and healthy world for all the people in West Virginia.

So, well done, The Daily Athenaeum. Keep up such good works and continue to work for the betterment of the youth of West Virginia because they are ultimately the future of this state and the nation as a whole.

Source: WVU’s Independent Student Newspaper – Drunk driving is never an option

I have graduated from West Virginia University and am now a lawyer. I regularly meet and represent WVU students subjected to college crimes like underage drinking, public intoxication, and driving under the influence. And so, I have witnessed the childish and reckless behavior of kids too many times.

But it’s time we confront that the WVU has had this reputation of being a hub for alcohol-induced parties for a long time now. And with recent stories and news updates about a student losing his life after a night of partying and drinking at the fraternity house, this topic has become all the more relevant in the current scenario.

This is actually a positive thing and is much appreciated from my end. The university had suspended all the Greek activities at some point in time because there has been news and stories of some students showing a tendency to change this raging alcohol culture, in the city and especially on the campus.

I appreciate this much-needed effort and have a staunch belief that learning about the ill effects of alcohol not only on our bodies but also in our lives is an absolute necessity, given the present situation. One of the recent DUI defendants shared with me her positive feedback regarding the alcohol-safety class and informed me how valuable she had found it.

She further told me that she had no idea and could not quite understand how long alcohol would stay in her system. That is why she often drove around the campus drunk after a tiring day of hard-core partying. She was also unaware of how the blood alcohol content was calculated or in what amount of time and how many drinks actually amounted to 0.08 percent, which is the legal alcohol limit for drunk driving.

Dartmouth is another university that is also quite famous for its image of a party hub. The movie, Animal House, depicted such antics around the fraternity there. Now, this university has just made the announcement that as a measure to curb excessive drinking at the parties by the young college students, they are banning hard liquor from the campus.

They are also prohibiting pledges and probation periods for student groups. It is being considered a greater effort for preventing the pervading forces like alcohol abuse or sexual assault from destroying the peaceful ambiance on campus.

I am looking forward to knowing what will happen next regarding this decision. Will WVU also adopt similar measures to curb DUIs? And will these prohibitions work out?

While I wait for the next update, I am also quite intrigued to know your opinions on the same. What do you think as responsible parents and students?

The charges of DUI can lead to license suspension which can not only leave you with no driving privileges but also it can take a toll on your bread and butter. If you are facing DUI charges, then surely a Morgantown DUI lawyer from Mountaineer Criminal Law Group can help you deal with them.

At the same time, we can offer you some of the tips that can help you avoid being charged with a DUI. Also, our Morgantown criminal lawyer is also suggesting what you need to do if you are pulled over by a police officer.

Don’t Drink and Drive

The easiest way to avoid DUI charges is to not drink and drive. If you are headed to a party or a club where you plan to have a few drinks, don’t drive. Take a cab instead. If you reach the place in your car and get drunk afterward, you can ask your sober friend to come and get your car and drive you home. In case you are drunk, get into the backseat of the car. You should not be anywhere near the steering wheel while intoxicated.

Take Care of Your Car

West Virginia police can arrest you under “reasonable suspicion.” For example, maybe you are sober but you are dropping off a few drunk friends of yours at home. And coincidentally the tail light of your car is broken. Now, when you are going back home, the police might ask you to pull-overseeing the broken tail light and eventually will smell the alcohol in the car. And you will be charged for DUI. Though there will not be any proof of you being under the influence, you will still have to hire a Morgantown DUI lawyer and deal with the situation.

Don’t Panic

In case you see police pulling you over or sirens, don’t panic. Find a parking lot around where you can pull off and keep your indicators on so that police know you have seen them and you are waiting. Keep your hands on the wheel and follow the instructions of the police.

Deescalate With the Police

When you are in the car and the police have pulled you over, be as polite as possible. Don’t panic or don’t say anything untoward that can be used against you in court. Provide them with the basic details like your name and address. But in case of police asks any other questions, even if it is whether you were drinking or not, sit tight and don’t answer. You have the right to remain silent until you are with a Morgantown criminal lawyer. So, just say that you are invoking the right to silence as per the constitution.

You Can Refuse Field Sobriety Test

In West Virginia, the FSTs or field sobriety test is not legally enforceable. This test includes standing on one leg, walking a certain distance, and then turning, putting the finger on the nose, or Rhomberg Test. You can refuse the test when the officer asks for it. Often saying yes to FSTs can give police evidence against you. Refusal to FSTs can give your Morgantown DUI lawyer more to work on.

Don’t Refuse Blood, Breath, or Urine Test

In West Virginia, refusal to blood, breath, or urine test can result in serious penalties. Your license can be revoked for one year. To minimize the DUI punishments, a DUI Deferral Program is often the suggested choice by the lawyers. But if you refuse these tests, you will become ineligible for the program which will result in harsher penalties.

Contact Us Today

If at this point, you are charged with DUI, then come to our Morgantown criminal lawyer at Mountaineer Criminal Law Group. We will diligently listen to your case and ensure the best outcome. For more details, call us now

Often the acronym DUI proves to be misleading in West Virginia. The offender gets charged for “drunk driving.” However, the police have the right to incriminate those who are not observed to be driving the vehicle. According to the law of West Virginia, a person can be charged with DUI when he or she is deemed to be physically in control of the vehicle. Maybe you are not driving the car. But being intoxicated and inside the car can cause DUI charges as you will be deemed to have the ability and opportunity to drive the car.

So, if you are in a situation like this and are looking for some legal help from a Morgantown criminal lawyer, then come to us at Mountaineer Criminal Law Group. We have handled many cases involving DUI of various natures. Our Morgantown DUI lawyer will be able to help you and guide you in the right direction.

On What Terms You Might Get Charged

While you are charged as an offender of the DUI case, the West Virginia law enforcement would insist that the driver is in control of the car. And that is why he or she is susceptible to a DUI arrest. This can involve the following conditions:

• The drunk person is sleeping in the driver’s seat which will be interpreted that they have the intention to drive the car when they wake up
• The keys are in the ignition. Even though the car has not started, keys in the ignition will indicate that the driver might have tried to start the car and failed due to the intoxicated state.
• The engine of the car is running. You can keep it that way for using the heater or AC or for charging your phone or listening to the radio. In any case, the police will look at it that you were about to drive the car.

If you are caught in the legal web for being in any of these above-mentioned situations, our Morgantown DUI lawyer will help you and ensure that the charges get dropped. We are experienced in handling cases where the client has been innocent and just asleep in the driver’s seat and under “reasonable suspicion”, police charged them for DUI. Our Morgantown criminal lawyer has successfully proved their innocence which resulted in getting the charges dropped.

The Tips to Avoid Such Harassments in Future

It is true that our lawyers are there to help you from the very moments you get charged and arrested. But it is better to be informed and proactive in the first place so that you don’t get charged for DUI at all. Hence, our Morgantown DUI lawyer offers these tips so that you can avoid such harassment in the future.

Take a look at the following points to ensure that you can rest in your car while you are drunk without the fear of getting arrested.

• Keep your car turned off. Don’t start the engine. Don’t keep the keys in the ignition. Rather keep it in your bag, glove box, or somewhere else.
• If you feel uneasy after drinking and want to sleep it off in the car, sleep in the back seat of the car.
• If you are too drunk to drive, call a sober friend who can drive you home. This way you can remain safe, un-arrested, and can reach home without any trouble.

Connect With Us Today

We, Mountaineer Criminal Law Group, have the experience and expertise to protect your rights and defend your case in a court of law. Our Morgantown criminal lawyer will listen to your case diligently and ensure you get the most favorable outcome. Call us today for more details.

But do you know that if you are a first time DUI offender, you can have the opportunity to get all the charges of DUI in West Virginia dismissed? Well, our Morgantown criminal lawyer from Mountaineer Criminal Law Group can help you with that. And also, for this, you need to participate in the state’s DUI deferral program.

DUI Deferral Program in West Virginia

According to Senate Bill 186, in effect from 2010, the DUI deferral program gives the first offenders a chance to get the criminal charges dismissed while the arrest record gets expunged. Our Morgantown DUI lawyer can help you understand your role in this.

If you want to qualify for the DUI Deferral Program, you need to follow these points,

• To be charged with DUI for the first time
• To have a BAC under .15%
• To have no prior record of DUI conviction anywhere in the USA
• Not having a CDL
• To comply with a breath test when you are getting arrested

Expunging DUI Arrest

Once the charges of DUI get dismissed, you can request the clearance of the arrest record if you are a first time offender for DUI. The prosecution will get the time of 30 days to object to your request of expunction. In this case, the court will hold another open session for considering your motion. Once the court approves, your arrest will be expunged from the records. Morgantown criminal lawyer can guide you through the process.

Consult Us Today

If you are looking for a Morgantown DUI lawyer in West Virginia for getting your charges dismissed through the DUI Deferral Program, then come to us at Mountaineer Criminal Law Group. We have handled numerous cases of DUI and got the charges dismissed. Our Morgantown criminal lawyer will listen to your case diligently and ensure you get the desired outcome. For getting a free consultation, give us a call today.

The right to legally buy and possess a firearm is a constitution-protected civil right in the USA. And DUI conviction can have a farfetched effect on it too. This is why you need proper legal representation by an experienced Morgantown DUI lawyer. At Mountaineer Criminal Law Group, we have handled similar cases while protecting their civil rights. We take care of the criminal penalties and administrative disciplinary actions regarding the license, and other consequences on employment, housing, and finances. At the same time, we ensure you choose the right way to deal with this. Talk to our Morgantown criminal lawyer now.

Prohibitions Regarding Firearms Possessions

Being heavily regulated, purchasing, owning, and possessing firearms can be restricted for some people. The common examples of the “Prohibited Persons” include,

• The individual who is convicted of a felony
• The individual convicted for misdemeanor domestic violence
• Having a domestic/restraining order issued against
• The individual convicted for the offense carries a minimum one-year prison sentence
• The individuals who are “fugitive from justice”
• An addict to a controlled substance
• Unlawful residents or immigrants of the USA
• Military veteran with a dishonorable discharge

Can Your DUI Charges Prevent You From Buying and Possessing Guns?

Drivers convicted of DUI generally don’t get prohibited from owning, purchasing, or possessing firearms. But in some rare DUI cases, you can get this penalty. Take a look at the following cases our Morgantown DUI lawyer can handle:

• A person with DUI charges can often have previous convictions of DUI which can result in a felony. For example, if this case is your 3rd DUI in ten years, then it will become a felony. This will make you a “Prohibited Person” for possessing a firearm.
• If your DUI case involves an accident, injury, or death, it can become a felony. This will prevent you from possessing a firearm. If you are convicted of this charge, then our Morgantown criminal lawyer can help you.
• Unlike civilians, military service members have to follow a strict code of conduct. Not following them can bring many adverse consequences which can lead to a dishonorable discharge. Generally, DUI doesn’t lead to dishonorable discharge unless this involves aggravated circumstances. Hence, even if this DUI charge doesn’t cause the loss of the right to possess a gun for civilians, it might cause this for a military serviceman.
• A fugitive of justice means someone who has failed to comply with the court’s sentence or did not appear at the court and that led to an arrest warrant against them. Though the underlying charges of DUI might not cause you to lose the right of possessing a firearm, being a fugitive will do that for you.
• There are other crimes including felony offenses, drug offenses, or domestic violence that can be involved with DUI cases. The court will consider the gravity of these additional charges to revoke your right to possess a firearm.

Contact a Morgantown DUI lawyer as soon as possible after the arrest to understand what you must do in such situations.

Connect With Us Today

At Mountaineer Criminal Law Group, we have handled cases like these and ensured the protection of the rights of our clients. Our Morgantown criminal lawyer will take care of these charges and ensure you get the most favorable outcome. For a free consultation, give us a call today.

At Mountaineer Criminal Law Group, we have handled such cases in the past and have been successful in getting the most favorable outcomes for our clients. Our Morgantown criminal lawyer can help you properly understand the consequences and guide you in the legal battle.

The Factors That Elevate the Case of Misdemeanor to a Felony

A general misdemeanor can lead to a felony when the circumstances are really serious. The following factors can lead to turning your DUI misdemeanor into a felony:

• Extremely elevated blood alcohol concentration or BAC
• DUI that has resulted in serious injuries
• Multiple DUIs
• DUI charges with a minor in the vehicle
• DUI charges, with charges for driving the car with a suspended/revoked license

When you are driving under the influence, you are putting your and everyone’s life on the road at risk. Hence, the authorities will not hesitate at all to file elevated charges according to the surrounding circumstances. For a felony, you will get fines, probations, and imprisonment. And for a misdemeanor, you will get a fine, license suspension, rehabilitation, and jail time. Clearly, a felony can lead to keeping you off the road for a longer time which the authority will want. In a situation like this, our Morgantown DUI lawyer can help you.

When you find yourself in a case like this, you might feel completely hopeless. But when you are hiring a Morgantown criminal lawyer, they can help you with their strategies to change the potential circumstances for you. Your charges can get reduced or dismissed completely.

Connect With Us Today

At Mountaineer Criminal Law Group, our Morgantown DUI lawyer will listen to your case diligently and ensure you get the most favorable outcome. For more details on such cases or for a free consultation, call us now.

Another post gave us further details about the history of how April is considered the National Alcohol Awareness Month. April 7th is considered to be the official end of prohibition in the USA. So, you must be aware of the fact that drinking too much, especially for the ones who are underage, is quite a serious matter in the United States.

I don’t want to act like a spoilt sport but it is a fact that according to the National Council on Alcoholism and Drug Dependence or the NCASS which introduced the National Alcohol Awareness Month in 1987, the top choice for drugs among the youth of America is alcohol.

Underage drinking is highly dangerous because most kids don’t know how to manage themselves and end up doing unreasonably stupid things. Poor performance in school, reckless sex practices, and DUI can be some of the deadly consequences of excessive drinking at an early age. Drinking and driving can result in extremely bad situations for teenagers because they are usually inexperienced so they are more likely to tailgate or speed up unnecessarily or often engage in texting while driving. This reckless driving attitude, when combined with alcohol impairment, can lead to severe consequences. While grown-up adults tend to be charged with DUIs for their blood alcohol content higher than 0.08%, the teen drivers are at risk for any percentage in the BAC level and have greater chances of causing a fatal injury when they drink and drive.

Threats related to underage drinking have increased to such an extent that the NCASS has themed the observation for this year as “For the Health of It: Early Education on Alcoholism”. And if you ask me, in my years of experience of being a criminal defense lawyer in Morgantown, I truly believe that we need more education; more people need to be aware of this issue and the problems it poses.

I have many clients who attended school at West Virginia University. While got charged with DUIs, there are some who were accused of underage drinking. There were also a few others who were charged with other kinds of alcohol-induced criminal activities.

Being an alum of the West Virginia University, it is totally understandable for me that kids these days party in college and often even before they attain the legalized age limit for drinking.

In my opinion, when we celebrate National Beer Day, we must also keep in mind that this could be giving confusing signals to the young crowd of America celebrating this day. So, we must also join the NCADD in the effort of spreading more awareness about the hazards of underage drinking.

Source: National Council on Alcoholism and Drug Dependence

So, what is the solution to this? Even after strict laws and several examples of massive punishment, people don’t learn. The increasing number of DUIs in not only West Virginia but all over America is really surprising. As I have said many times before, my convictions got, even more, stronger after reading a recent study that shows how better enforcement can lead to lesser cases of DUI and traffic infractions.

Due to a cash infusion in the form of a grant from the governor’s Highway Safety Program, there has been an enforcement attack in Farmington, West Virginia.

This grant was spent on extra patrol vehicles and added patrols by the police department of Farmington.

This clearly indicates that there were indeed a number of cops looking for DUI as well as speeding cases. And along with that, they were also on the lookout for infractions like texting while driving, not putting on a seatbelt, etc.

This initiative was operated more seriously throughout the beginning of the month and a serious measure was taken in April to combat the distracted driving issue.

According to the police of Farmington, they will not only be on the lookout for arresting drunk drivers but everyone else who does not abide by the standard traffic rules. The additional patrols and unmarked cars will prove to be useful for the town in several ways.

And needless to say, I am in complete agreement with the Farmington police. But as a friendly neighbor and a criminal defense attorney of Morgantown, I must warn everyone who lives in this town, works,s or drives through this area. They have to be a little more careful now whenever they are passing through Farmington.

If you abide by all the rules, it is a win-win situation for all of us. And if you don’t, you will be the person to get pulled over in this enforcement attack and then require an attorney like me to get you out of such serious charges against you. Only when you resort to proper legal help, you will understand the state laws and will be able to deal with the court proceedings.

So, better stay cautious while driving on the road. And if by chance, you get caught up in any issue, right from a DUI, reckless driving attitude, a ticket for speeding, etc, you can always get in touch with me. I will try to the best of my legal expertise and knowledge to provide you with the most efficient advice for your case.

Source: WBOY – Farmington Police Dept. Receives State Funding, New Vehicle

Try and imagine a man using the steering wheel as a stand for spreading out the newspaper, a woman plucking her eyebrows while driving on the highway, or a teenager gorging on a burger and texting while driving on a four-lane. Yes, you read that right. I have seen them with my own eyes. And now we can have a whole month to lament such bad driving habits. April has been referred to as national Distracted Driving Awareness Month.

Are you wondering if it is a little too much to dedicate an entire month to this kind of awareness? Well, what have you got to say about this? About 421,000 people faced severe injuries during a motor vehicle accident owing to the carelessness of a distracted driver. Or what will you say regarding how the visual-manual tasks like changing the radio station or dialing the phone can cause greater risks of accidents?

This kind of distraction is no longer restricted to merely texting and driving. This is basically any kind of activity that takes away your attention from a particular task when you are behind the wheels of your car. It could be anything starting from texting on the phone, reading a map, checking the GPS directions, fidgeting with the radio controls, grooming themselves, eating, or simply chatting with other fellow passengers, etc.

Trust this friendly and helpful criminal defense attorney when I say that you don’t want to be charged with distracted driving cases neither in Pennsylvania nor in West Virginia. I have been there and it is not a nice place to be in.

I would advise you to always be cautious. Another point to remember is you must know more about the law. For instance, the Pennsylvania state laws completely prohibit texting when you are driving the car and this applies to anyone driving the car, irrespective of what age they are.

In West Virginia, the laws on distracted driving are slightly more stringent. Drivers of all ages are not only prohibited from texting and driving, all the drivers regardless of age have a ban on using handheld devices. And for the drivers who have just started driving and are relatively inexperienced are not allowed to use both handhelds as well as hands-free devices in West Virginia.

For people who are not familiar with what that means, a new driver or a novice one is somebody who, irrespective of his age, still has a learner’s permit or possesses an intermediate license. So, you must always be mindful while driving and take the rules and regulations into consideration for a legally viable and healthy driving experience.

However, in spite of such measures, if you are charged with distracted driving issues or a DUI, you can definitely get in touch with me for expert advice and proper guidance.

Source: NHTSA – Distracted Driving

For those of you who live and run a livelihood in this city, you should know that Morgantown is gearing up for several spates of arrests regarding public urination, possession of Marijuana, public drunkenness, underage drinking, and DUI.

Of course, there will be a number of police officers on their duty if any issue crops up. However, there are many overenthusiastic partygoers who are definitely people to worry about but police officials from Morgantown are also making the city ready with parking as well as traffic restrictions.

Being a criminal defense attorney of Morgantown, I surely want you to know about the criminal citations you might be facing if you party hard in public on this day. You must also be aware of the fact that you need to steer clear of parking as well as traffic restrictions.

For instance, there will be parking restrictions between 11 pm Tuesday to 5 am Wednesday in the 300 block of High Street and the 200 Block of Walnut Street in Morgantown.

There is not much to worry about. You will come to know about the areas where you can park and which areas you will not be allowed to park. In order to identify which areas will be restricted, the Morgantown Parking Authority will be bagging meters.

So, as this is a peak time for all the festivities and celebrations, you must know how to drink responsibly and definitely arrange a ride home without fail. You must not drink and drive, no matter what. You have so many prudent options in front of you. Morgantown has a gifted public transportation system and a well-articulated driver service too. You can designate a driver before drinking and hand over the car keys to him so that he can drive you home safely. Apart from your own safety, if you happen to notice someone drunk driving on the road, you must call your local enforcement official and inform him.

However, if you are actually that careless and land up with a DUI case, contact an experienced and knowledgeable criminal defense attorney immediately.

As an eminent criminal defense attorney from Morgantown who regularly deals with and represents several West Virginia University students, I would also like to say a few important things, especially for these students. First of all, keep in mind that if you get arrested, you will have to face probable school sanctions along with the criminal court system and the eventual penalties it takes into consideration.

So, don’t be stupid this St. Patrick’s Day and make safe arrangements before the party begins.

Source: WVU’s Independent Student Newspaper – City prepares for St. Patrick’s day

It is true that this is a wonderful piece of advice that will be quite useful for life in general but this, as a criminal defense attorney of Morgantown, I believe is quite appropriate for fighting the DUI defense case. Having dealt with millions of DUI defense cases both in and beyond Morgantown, I can unequivocally tell you that the clients had done no favors to themselves when they simply acted out, post their arrest regarding charges of drinking and driving.

Let me clarify what I am saying to those who are not quite familiar with what I am saying by declaring some of the thumb rules. Never swear at the police. Never misbehave and argue unnecessarily such as shouting out, “Do you even know who I am? Are you aware of what I can do? Your job will be gone in seconds.” And lastly, never run away from the police.

Another instance would be, which just happened recently with two guys from Jersey, never trying to re-construe the crash scene. A young fellow of about twenty years of age blew up a stop sign, crashed into a guardrail, and asked his friend for help, to cover up the cause of this drunken driving crash with an ice patch on the road. Then, the friend who apparently did not put on a shirt in spite of the cold weather in winter came on the spot in his private car alongside five gallons of water in buckets.

As has been reported in the news, both the boys confessed their plan to the police officials and both of them have been charged with DUI and other related offenses. You must note that the crash happened only by one person but due to their callous and reckless attitude and lack of in-depth thinking, both of them landed with DUI charges.

What happened to the icy area, you think? Well, according to the news reports, about half a ton of salt was used to melt down the icy area and make the throughway ready for passage again. It does not require a criminal defense attorney who has substantial experience in fighting several DUI defense cases to understand that these boys had not won a lot of hearts or praises from neither the police nor the court officials with their little stunt that they performed on the road.

What the youth of West Virginia doesn’t understand is that drunken driving is a serious offense and has various deadly consequences. This is true not only for the accused but also for the victim and his or her family. A severe accident can take the lives of people or make them handicapped forever. And as for the drunken driver, he or she may be merely a student but will be charged with a strong case of DUI and if he or she cannot prove themselves not guilty with the help of an experienced and knowledgeable defense lawyer, his or her life will be completely ruined.

Source: Fox 5 – Police: Man created black ice to mask drunken-driving crash

This is where the role of a criminal defense lawyer comes into play. What we do is negotiate with the prosecutors in order to ascertain that all the aspects of a case must be taken into consideration while handling traffic citations or criminal charges and similarly, the elements which have no relation to the case whatsoever must be excluded.

Are You Not Convinced? Looking for an Example? Here’s One

Recently, a female student of the West Virginia University had been cited for jaywalking as have been reported in the local media. According to the police, she had run across one of the Morgantown streets and was hit by a driver who was charged with driving under the influence later on.

As per the news reports, the driver was going at a high speed of 25 mph when the girl was hit and the tremendous force caused her body to roll up over the windshield.

It is a fact that one can argue about the girl putting herself in danger when she apparently ran down the hill, across a throughway that was lacking a crosswalk. But please note that what was the point of the jaywalking charge on the girl when the driver who hit her has been alleged with DUI owing to the crash?

It seems like a tactless and stupid move considering the fact that the young girl incurred a number of injuries. This was certainly a learning experience for her and a harsh lesson on how to cross the street safely. A student of the West Virginia University was found quoting in the WVU student newspaper, “Everyone jaywalks. The fact that she’s being charged with jaywalking shows a misunderstanding of prevention.”

I too, agree with him. I have seen many such DUI cases in my life, and some of them were also for the WVU students. However, I definitely do not want to point fingers or blame anyone. I have always taken my best efforts to imbibe the positive out of an incident; I look forward to learning something or trying to find out something which can be changed in order to stop such incidents in the future.

What do you think is the solution to this? More DUI prevention or number of crosswalks? Or should the government arrange improved signage for both the pedestrians as well as drivers?

Let’s leave that for West Virginia University to decide.

A young woman like this girl who was hit has more on her plate right now than dealing with traffic tickets. She might have to do a lot of other things like handling insurance companies and coping with the consequences. So, it is better than before putting up charges against someone, we contemplate wisely and reach a logical and sensitive conclusion.

Source: WVU’s Independent Student Newspaper – Citation adds insult to injury, lacks compassion

Nolan Burch, the student who died was found with a shocking 0.493 percent blood alcohol content which is extremely high when the legal limit in the state of West Virginia is only 0.08 percent. It was about five times the actual limit as per the law. Hard to believe? Yes, it was indeed five.

The latest news according to the report of the Associated Press is that the student’s “big brother” at the fraternity was charged for the tragic incident. Richard Schwartz, twenty years old, has been held responsible for this death and charged with conspiring to commit the hazing as has been reported by the Associated Press.

This news regarding the hazing leading to fatality did not come as a surprise to many because most people are aware of it and expected this to come out in the open quite sooner owing to the unbelievably high content of blood alcohol. If you ask me, I would take it as another instance of how things can get out of hand in no time and how fun times in college can rapidly transform into crime scenes, jeopardizing the lives of many bright futures in this country.

Having dealt with such instances extensively on a regular basis, I have written about this subject a million times. I often represent students of the West Virginia University who have become involved in such crime scenes concerning underage drinking, public intoxication, and much more.

Although most of them are just misdemeanors or merely summary offenses, they still have a standard rippling effect. For instance, these students from the West Virginia State University will not only be asked to navigate the criminal proceedings and court system but they will also, in all probability, have to handle the academic consequences.

The disciplinary boards or committees of academics have their own place of authority with their own position and power. As a result, they can definitely suspend you from school or expel you even if they cannot actually put you in prison.

What I mean to say is that as young people, you have every right to have fun, play games, and enjoy your life to the fullest but all this sounds good until and unless someone gets charged with serious offenses, gets gravely injured, or if someone dies in the course of your fun and frolic.

So, we need to ensure that our children who form the youth of this country are actually well-informed and completely aware of the dreadful consequences of their casual attitude before they even start their college life.

And for the charges against Mr. Schwartz, hazing is undoubtedly a grave offense. And since the case details are already circulated across different newspapers throughout the country, it has become all the more important to resort to a proficient criminal defense lawyer who understands both the court proceedings as well as the way academia tends to deal with such cases.

Source: WVNS-TV – Targeted patrols help reduce fatal accidents in WV

The number of fatalities and car crashes has come down from the 332 fatalities in 305 crashes in 2013 to about 271 fatalities in the 240 crashes last year, as have been reported by the enforcement officials of West Virginia.

And this is all due to the targeted enforcement which has been made possible due to the money granted by the state police of West Virginia and other different law enforcement bodies which had received grants from the Highway Safety Program by the governor.

The police duly acknowledge the fact that a number of moving parts are present if we go according to the statistics but further laid emphasis on the specific, clear-cut relationship between the dominant presence of the police on the road and the reduction of fatal crashes along with the assorted crimes.

According to potential research, it has been found that this recent success story of the decreased fatal crashes in West Virginia has its roots embedded in the increased number of patrols which therefore served as the best DUI deterrent.

Recently published in Alcoholism: Clinical and Experimental Research, a study referred to as “The Relationship of Impaired-Driving Enforcement Intensity to Drinking and Driving on the Roads” reveals that the amount of DUI arrests, as well as the number of traffic citations, are associated with the odds of people drinking and driving in that particular area.

Being an experienced criminal defense attorney for so many years now and having handled various kinds of DUI defense cases for a number of clients in Morgantown, I am aware of how people can ruin their entire lives for this habit of excessive drinking. Drinking is not bad but people need to change their attitude after drinking. They should be more careful and responsible not only for their own lives but also consider the value of other people’s lives.

These drunken driving cases can prove to be devastating for the driver as they can destroy their entire career and have a tremendous effect upon their families as well as on the victims who fall prey to such reckless accidents. Some either become seriously injured or even lose their lives, merely because one person’s idea of fun is excessive drinking and then driving in that very intoxicated condition.

I want to congratulate and appreciate the praiseworthy efforts of the state police of West Virginia for proactively monitoring and consistently improving the highway safety statistics.

However, having said all that, it would be unfair if I, being a criminal defense attorney doesn’t acknowledge the fact that all drivers must, with regard to such targeted enforcements, know about their rights on coming across any sobriety checkpoint or something similar to that.

Be aware of the laws and your rights. And if still, things go wrong, you can always resort to me.

Source: WVNS-TV – Targeted patrols help reduce fatal accidents in WV

West Virginia is one of the few states where the court may allow an alternative sentence for people facing first prosecutions for cultivating marijuana. Any first-time offender may be able to choose probation instead of a trial. If he successfully completes the probation, he might be free of any such changes in the criminal record. But they also enforce compulsory sentencing for a minimum period if accused of selling marijuana. This means that the judge can sentence the defendant to a mandatory minimum sentence of one year in prison.

So, if you have been convicted of such charges, you must consult an experienced attorney for the best defense and guidance in your case.

“It’s just weed. It only comes from the earth.” These are the common arguments any defense lawyer often hears when it comes to marijuana convictions in West Virginia.

It is true that Marijuana is a plant that can be cultivated wherever there is a small amount of green patch outside. It can also be grown with the aid of a growing operation indoors. Another fact is marijuana hangs low in the hierarchy rank of drugs for some people.

What some of them don’t understand is even if people cannot grow marijuana, it is still against the law to do so. Needless to say, penalties for growing it are far more serious than people can even think about.

Most people think that the people who are being sentenced for growing the pot are actually running a huge growing operation with a number of plants and an intricate processing system.

If you don’t believe me, you can gladly ask Bradley Elkins, a thirty-three-year-old resident of Gilbert in West Virginia. The police of West Virginia had arrested him and charged him with six counts of growing marijuana when somebody had informed the officers with a tip that they could notice the cultivation of such plants along with the trailer. It was clearly visible from a public roadway.

So, what do you think happened to him? Obviously, he was subjected to heavy fines and a considerable period of time in jail. If you are ever found guilty of marijuana cultivation, you can be asked to pay a huge amount, as much as $150,000 as a fine and imprisonment between six to ninety years.

Although many states are legalizing medical and recreational marijuana, we must follow the state laws. And being a criminal defense lawyer in West Virginia who represents anyone who has been accused of everything, starting right from possession to the selling of marijuana, I know how serious the marijuana laws of this state are. Hence, if you have been convicted of any crime regarding marijuana, you must get in touch with me as soon as possible.

And now, there is another interesting way in which DUI convicts can be punished although this is more of a childish approach in my opinion. You must have heard about the phrases ‘slut shaming’ or ‘fat shaming’ but are you aware of something known as ‘plate shaming’? Being a Morgantown criminal defense lawyer let me tell you all about it.

The West Virginia news channels were quite intrigued to know whether the Mountain State should be inspired by its Ohio neighbors where any second-time DUI offender convicted of having alcohol content in their blood twice the legal limit would get something known as the “Scarlett Letter License Plates.”

So, what are these Scarlett Letter License plates? As you must have read in Nathanial Hawthorne’s novel about the heroine wearing a red “A” for adultery, the DUI offenders of Ohio have to drive with a yellow license plate with red lettering which will convey their infamous deed to the common public.

If you are wondering what is the purpose of wearing such plates then it is basically to put the offenders of DUI to shame although as a Morgantown criminal defense lawyer, I feel it is not a very effective idea.

Well, there are other proponents who believe that the license plates are addressed to a totally separate section of the population. They serve to make other motorists and drivers aware of what could possibly make up a dangerous driver and thereby prevent such crimes in the future.

If you ask me, shaming will not be much of help just like the Scarlett letter did not go well in the classic. The only way to dissuade young people from drunk driving is proper education. This is the sort of education they would receive after being convicted of driving under the influence of any intoxicating substance.

There were many clients who had employed me as their DUI defense lawyer. They tell me about the importance of highway safety class and how much knowledge they have gathered on ways to get alcohol content out of their systems.

Therefore, I honestly believe that however much you use the yellow DUI-shaming license plates, it will not be as useful as the fine quality educational opportunities for the young drivers and motorists.

On any occasion where you have been accused of DUI offenses, you must resort to an experienced criminal defense lawyer who can guide you and help you with your case.

What they want to do is set up sobriety checkpoints. These are basically police traffic stops that are not centric on any particular person or a specific suspicion. The locations are randomly chosen. However, the constitution demands that an officer must have a probable reason for making such a stop. And they must also publicize such checkpoints in advance so that more and more people are aware of them.

During such sobriety checkpoints, drivers are detained for a short while and interviewed following which the suspicious drivers are put through a sobriety test. The sobriety checkpoints are an attempt to basically keep the road free of inebriated drivers and thereby make the roads safer for use.

The police generally beef up the DUI patrols on those particular days which tend to be centered on alcohol, such as the Fourth of July, the Memorial Day, etc. Now the problem is not because people drink these days. The major concern is what follows this habit. Most people drink and drive which leads to serious accidents and injuries, even to the extent of fatal ones. If you ask me, a criminal defense lawyer in West Virginia who handles several DUI cases, I would only give you one piece of advice, do not drink and drive. Being in an intoxicated condition has a major impact on your judgment, disrupts your physical balance, and affects your vision. Why drink and put so many lives at risk?

If the roving patrols are not scary enough and don’t make you think of effective plans, then probably sobriety checkpoints will keep you from drunk driving. There are many such communities where such announcements have already been made.

So, for all of you who are currently residing in the Huntington area, you must be extremely cautious. There has been an announcement by the West Virginia State Police about a sobriety checkpoint being conducted tonight and in the Third Ave and 20th Street areas on Saturday.

If you ask me, in the humble opinion of a DUI defense lawyer, when and if you plan to have a party, make sure you are sober before you get the driving seat. Or else, lie down on the couch or call an emergency cab but get home safely. Believe me, it will cost you much less than actually having to hire a lawyer in order to get you through the entire court proceedings for a DUI offense.

However, in case you are caught up in any such DUI issue, you must first get in touch with a criminal defense lawyer with a substantial experience in DUI cases. He will have a better knowledge of the state laws regarding DUI. So, he will be able to guide you and give you the right advice with regard to the DUI convictions followed by the court proceedings.

Personally, I have written a number of blogs on the dangerous consequences of drinking and driving along with the severe effects of getting behind the wheel after smoking marijuana. I have also warned many people about doctor-prescribed medications and asked them to be careful when they are driving under the influence of such medicines. For, if you lose consciousness while driving in such unsafe conditions, you can totally be convicted of a DUI offense.

The only thing that I haven’t written about is the rampant spread of heroin addiction in the wild and wonderful state of West Virginia which has prompted the police in Huntington to call this an “epidemic” of opiate-related DUI arrests. This issue is no longer only affecting the drug addicts but it has a devastating impact on even unborn babies. Infants are being born opioid addicts. The police of Huntington have declared that until this year, about forty-five percent of the DUI arrests have been related to opiates.

According to some doctors and addiction specialists, the reason for this growing epidemic is related to the attitude towards addiction and the manner in which it is treated. Certain drugs like methadone and buprenorphine are effective in fighting cravings and reducing symptoms of withdrawal. But the addicts are more often referred to a 12-step or other spiritual-based treatment programs. For many people, substance abuse is a kind of weakness that a person may require in order to deal with their disease. Even medical community members believe that entrusting a drug that replaces the drug of abuse is actually a weakness.

West Virginia is showing some conscious efforts to fight the prejudice of treating addiction with the right kind of medication. However, some people are stubborn and stick to their own beliefs adamantly. According to law enforcement officials, these kinds of intoxicated drivers are quite easy to identify on the road. They are often found to be weaving in and out of the lane of traffic; sometimes they drive more slowly than required or simply keep sitting at a red light even long after the signal has gone green. There are also drug-recognition experts who are trained to determine whether any driver is drunk or is under the influence of a medicated pill or a serious drug like heroin.

Now, the police are considering new measures and more effective plans to deal with this issue. Being a successful criminal defense lawyer for so many years, I am always eager to hear such piece of news. And since DUI is a big part of my practice, I tend to follow this sort of news quite religiously.

Although I have said it before, I will repeat myself again. The new frontier of DUI enforcement is Drug DUIs.

If you are facing DUI charges related to heroin or prescription opioids or you know somebody who is, immediately contact an experienced attorney who can work with you or him with a treatment program that uses medications to battle out the addiction problem.

Source: WOWK-TV – Heroin-impaired driving causing big trouble in River City