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Blog Posts in 2015

  • Prison sentence ordered after drunk driving accident conviction

    A West Virginia woman was recently convicted and sentenced for her role in a hit-and-run accident. The drunk driving incident is said to be responsible for the death of a pedestrian. Even though this woman has no prior criminal record, the state's laws regarding hit-and-run crashes are quite strict. According to a recent report, a 24-year-old woman was sentenced to serve one to five years in ...
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  • Felony charges may follow a drunk driving accident

    When an accident results in injury or fatality, investigators will look into every possible reason as to why the crash occurred. As drunk driving accidents are fairly common in West Virginia, authorities are likely to first consider if impairment played a role in a serious motor vehicle incident. If a driver who is believed responsible for a crash with injuries or fatalities is found to have been ...
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  • DUI checkpoints, the good and the bad

    Residents of West Virginia may be familiar with DUI checkpoints. They often pop up around major holidays. This time of year there may be more DUI checkpoints than usual, as holiday parties are carried on throughout the month. What few people may realize is that law enforcement agencies are permitted to set up these checkpoints on a weekly basis. DUI checkpoints do serve a valuable purpose. Law ...
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  • Blood-alcohol concentration matters in DUI cases

    Across the country every state has adopted what are known as per se laws, which are used to establish whether a person is deemed legally intoxicated. In West Virginia, if a person is found with a blood-alcohol concentration of .08 percent or higher, he or she will be charged with DUI. This means that no other signs of impairment are really needed in order for police officers to make a DUI arrest. ...
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  • Suspended license will follow a DUI charge

    Those in West Virginia who are accused of driving under the influence can expect that their driving privileges will be affected. In accordance with state laws, a DUI charge will result in a suspended license . The length of the suspension will depend on various factors. While it is possible to lose one's license for a number of infractions, such as driving without insurance or committing numerous ...
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  • Berkeley County man arrested for DUI

    A West Virginia man was recently arrested and charged with causing a crash while driving under the influence. The DUI charge is not the only one to be filed in this case, however. This individual is also accused of injuring a child who was also in his vehicle when the incident occurred. Martinsburg police were called to investigate a single-vehicle accident that occurred the morning of Nov. 20., ...
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  • What happens during a DUI blood test?

    Blood tests are often utilized by authorities to determine if drivers are impaired. These are considered to be extremely accurate if completed in a timely manner and by a person who is appropriately trained to perform such procedures. This does not mean that mistakes are not made, though. So, what happens during a DUI blood test and can those accused of impaired driving in West Virginia do ...
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  • West Virginia man facing DUI and other charges after accident

    Police in West Virginia have recently arrested the individual that they believe is responsible for hitting several pedestrians with his motor vehicle. The accused, a 43-year-old male, is facing several charges for the incident including DUI and hit-and-run resulting in injury. If convicted, he could face a number of severe consequences. According to a recent report, a Martinsburg man allegedly hit ...
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  • What is a standard field sobriety test?

    When one is suspected of driving under the influence, it is common for law enforcement officers in West Virginia and elsewhere to perform a number of roadside tests to check for impairment. These tests are believed to be fairly accurate, but they are not without room for error. What is a standard field sobriety test , and what errors might be made while the test is being administered? There are ...
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  • Does a DUI automatically result in a suspended license?

    There are quite a few consequences associated with having a DUI on one's record. In West Virginia, a suspended license is just one such penalty. License suspensions vary based on a number of factors, including the number of offenses and what type of impairing substance was utilized -- among numerous others. In accordance with state laws, license suspension or revocation is done automatically after ...
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  • West Virginia DUI: Pulled over, now what?

    West Virginia residents may not feel that they have any rights when pulled over by police officers. Thankfully, this is not true. Everyone has rights during such situations. Unfortunately, during times of stress, such as during traffic stops, it is easy for drivers to lose their cool, which can lead to a whole lot of trouble. This is most certainly true for those who are suspected of DUI. Driving ...
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  • What elevates a drunk driving offense to a felony DUI?

    When accused of driving under the influence, the circumstances surrounding the incident can have a massive impact on the level of charges filed and the severity of the potential consequences. What types of things can elevate a drunk driving charge from a misdemeanor to a felony in West Virginia? What can one do if faced with such significant criminal charges? Most DUI cases are categorized as ...
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  • Did you know you have the right to refuse a Breathalyzer test?

    When a person is pulled over for suspected DUI, it is not uncommon for that individual to feel he or she must comply with everything an officer requests. There certainly is something to be said for being compliant; however, there are reasons as to why a person may not wish to take part in roadside or other DUI testing. Did you know that, according to West Virginia laws, you are allowed to refuse a ...
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  • Man in police custody after multi-state car chase

    A young man was recently taken into custody after a multi-state car chase. According to police , this individual is accused of leading police on a chase through three states -- starting in West Virginia. The charges against him include DUI, receiving stolen property and a variety of others. The accused, an 18-year-old male from Martinsburg, allegedly stole a vehicle and led police on a chase ...
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  • Remove that DUI from your record with an expungement

    When you are arrested and charged with driving under the influence of drugs or alcohol, you are subject to a host of severe consequence. As we talked about recently, these consequences can be life-changing , and the person with the DUI needs to fight for his or her rights during the case to minimize the potential damage of the charges. Once the DUI is on your record, though, how do you get rid of ...
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