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Administrative License Revocation in Martinsburg
Before the Senate Bill that came into effect on July 1, 2020, handling DUI cases seemed complicated. For each case, there used to be two hearings. While the first one was for the DUI case, the second one was about administrative license revocation. Before the bill, the cases resulted in another hearing before the judge in a court for an administrative license. Now that the bill has become effective, the DUI cases are handled in a single court to decide the punishment and conviction. The Administrative Hearings Office was dissolved on 22nd July 2021 and until that time, all the DUI cases filed before 21st July 2020 will proceed with their hearings there. If a case stays unresolved, it is slated to undergo dismissal for a while.
Now, dealing with various DUI cases and the consequences of Senate bill 130 and the consequences related to the Senate Bill may seem complicated. That is why you need assistance from a Martinsburg DUI lawyer to streamline the procedure. And when it’s a legal professional, it is none other than the reputed law firm Mountaineer Criminal Law Group. The DUI lawyers of this firm will pay heed to your case and thus make sure that it gets a favorable outcome.
The new single-court system
The old system of the court of WV was complicated with twin court hearings for penalties related to the driving license. But things have gotten simpler with a single hearing now and the license penalties related to the license vary based on the severity of the charges.
Revocation of Administrative License in one of the several regional hearings of DMV
Different types of administrative revocation records are present in the DMV headquarters based in Charleston. However, you may be summoned to any of the regional offices for the case hearing. Our Martinsburg DUI Lawyer will offer legal representation in handling the DUI cases.
Usually, the hearing location for the regional detachment is near the location of the arrest where our lawyers travel to resolve the case.
Losing License without conviction
For all the cases filed before July 1, 2020, confiscation of administrative license even if you do not face acquittal.
The administrative hearing is the legal proceeding associated with consent testing. During such hearings, the government has fewer burdens compared to the hassle of proving the criminal penalties where the citizen’s rights and freedom in DUI cases remain at stake. Suspension of the administrative license depends on the decision of the application of “preponderance of evidence” standards. But the criminal court must consider evidentiary burden when proving someone guilty “beyond a reasonable doubt.”
Overall, a lawyer faced a string of challenges when proving someone not guilty to get the license back in the past. However, the situation has changed today after Senate Bill 130 came into effect and has reduced the odds of winning to a great extent. Now, you need to go to one court and the license is revoked based on the criminal charges.
Our Martinsburg criminal lawyer will assist you to file the administrative license appeal for cases before July 2020 so that you can take your car to the Administrative Hearings Office where the final order date will be issued in West Virginia. A delay in this process offers you the benefit of driving longer for about 8-10 months, primarily due to the huge backlog of cases. But, don’t miss the hearings as it revs up the chances of your license being revoked.
At Mountaineer Criminal Law Group, talk your heart out with our Martinsburg DUI lawyer to hear your case and ensure deserving justice.
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