Administrative License Revocation
Prior to Senate Bill 130 that came into effect from July 1, 2020, dealing with a DUI case meant dealing with two hearings, the second one for administrative license revocation. Prior to the bill, the cases used to trigger another hearing in front of another judge at another court for administrative license. After the bill came into existence, all the cases of DUI are handled by a single court that decides the conviction and the punishment for license. The office of Administrative Hearings will effectively dissolve from 22nd July, 2021. Until then, all DUI cases, lodged before 21st July, 2020, will continue to get hearing there. If, some cases remain unresolved, they will be dismissed after that.
The dealing with the cases and the effects of the Senate Bill 130 can seem complicated and overwhelming. Hence, you need the assistance of Morgantown DUI Lawyer to tread forward. And when you are looking for a lawyer, come to us at Mountaineer Criminal Law Group. Our Morgantown Criminal Lawyer will listen to your case and ensure that you get the right resolution.
The New System of One Court
The previous system of West Virginia court used to be very complicated. It used to involve two different court hearings for criminal penalties and driver’s license penalties. But now it has become simple with one hearing at one court. The license penalties will be decided depending upon on your charges.
Administrative License Revocation at One of Many DMV Regional Hearing Locations
The records of all administrative revocation are stored in the DMV headquarters in Charleston. However, there are numerous regional DMV offices where you might be summoned for the hearing of your case. Our Morgantown DUI Lawyer will represent you there for the cases.
The regional detachment hearing location is generally near to the arrest location. Our lawyer will travel for you to that place.
Losing License If Not Convicted
For the cases lodged before July 1, 2020, the administrative license can be revoked even if you are not convicted or acquitted.
The administrative hearing is the legal proceeding related to implied consent testing. The burden on the government is less than the burden of proving in the case of criminal penalties related to DUI where the right and freedom of a citizen remains at stake.
The aspect of administrative license suspension in DUI is decided by the judge who is meant to apply the “preponderance of evidence” standards. However, the criminal court always has to deal with the evidentiary burden in the USA for proving the offender guilty “beyond a reasonable doubt.”
In a nutshell, it can be challenging for any lawyer to prove you non-guilty and get your license back as the hearing will only require low standard of proof that will anyway let the police prevail in the case. These rules are designed to give the arresting officer advantage. The odds are that you might not win the case of administrative revocation case. However, things have changed after July 1, 2020 as now you will only require going to one court for criminal penalties and depending upon your charges your license will be revoked.
The job of our Morgantown Criminal Lawyer is to help you through this challenging process and get you back your license.
The Slow Process Works in Your Advantage
Our Morgantown Criminal Lawyer will help you with the timely administrative license appeal for your case lodged prior to July 2020 so that you can drive in WV till the Office of Administrative Hearings issues the date of “Final Order.”
The delay in the process offers you the advantage of driving for a longer time, for 8 to 10 months. Due to the backlog of the cases, you can get this advantage. However, missing the hearing can make the court revoke your license immediately.
Connect with Us Today
At Mountaineer Criminal Law Group, our Morgantown DUI Lawyer will listen to your case and ensure you get the rightful justice. For more information, give us a call today.