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Martinsburg, WV DMV Hearings
Mountaineer Criminal Law Group offers the best legal Representation during DMV DUI Hearings
All DUI Cases used be initiated in two different court proceedings before West Virginia’s Senate bill 130 that came into effect on July 1, 2020. So, if you are facing conviction before this date, you will have to go for twin proceedings, one in the administrative license revocation court and the other in the criminal court for DUI crime or driving under influence. This process involves you appearing in different courts on different dates. These courts may also be located in different cities and will involve several judges and jurors. The cases pending before 1st July 2020 will continue to proceed in the old manner. However, if you faced a conviction after that date, all you may need is to go to one court. On the other hand, the case from before needs to follow the old way at the Office of Administrative Hearings until it is dissolved on July 2, 2021. The unresolved cases after that date will go for dismissal.
Contrary to what you may think, these cases may turn highly complicated to deal with and only a qualified Martinsburg DUI Lawyer can help you handle the situation smoothly.
If you are facing a DUI DMV case and are looking for a Martinsburg Criminal Lawyer, it’s time you turn your head towards us. At Mountaineer Criminal Law Group, we have dealt with such cases in the past and ensure that you will get a favorable outcome.
Phasing Out the DMV Hearing Process
Previously the cases involving DUI were generally more complicated and losing driving privileges was common. To simplify the process, West Virginia has unified the entire proceedings in a single court. Therefore, the cases after 1st July 2020, need to be dealt with in one court to decide the consequences including the penalties and suspension of license. So, if you are not facing conviction for DUI, you need not face suspension of your driving license or face license suspension based on the nature of the crime, like aggravated DUI or DUI with child endangerment or minor in the vehicle.
When facing a serious case like DUI, before the hearing, you need to build the right defense for which consulting a Martinsburg DUI Lawyer should help. We ensure that you get the deserving justice with minor punishment if proven guilty.
All Arrests in West Virginia for DUI Pre-July 1, 2020, Trigger an Administrative License Revocation
The cases and arrests occurring before 1st July 2020 initiate administrative license revocation against the drivers. The driver needs to go through a breath test and on refusal; the BAC legit limit is checked. On being proven guilty, the state will initiate license revocation penalties against the driver.
Handling an Order of Revocation Notice
Getting the order for revocation notices can be overwhelming for anyone. When you consult a Martinsburg Criminal Lawyer, they will be able to explain how to use these options.
- Your lawyer may file a written objection asking for an administrative hearing to contest the DMV’s attempt to revoke your license.
- You can also get the most out of ignition interlock device installation for the underlying revocation period instead of the request of your administrative hearing. We recommend fighting your charges of DUI and in that case, this option will be helpful for you.
Facts about DMV DUI Hearing
Driving is not a constitutionally protected right but a privilege. In the case of DUI, you will have to give up the privilege when proven. You will get 30 days for appealing for an administrative hearing. By that time, you must consult a Martinsburg DUI Lawyer.
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If you need to fight a case before the arrival of the Senate bill or after, our Martinsburg Criminal Lawyer will ensure that you come out of the mess. Give us a call today to get a free consultation.
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