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Blog Posts in February, 2014

  • Last call DUIs target of West Virginia legislation

    West Virginia law currently allows liquor establishments to hold last call until 3 in the morning. According to some lawmakers, this closing time is one hour too late, contributing to more incidents involving an intoxicated driver. It is not just the hour that some lawmakers claim is the problem, but also the fact that this cut off time is one hour later than those of neighboring jurisdictions. ...
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  • Procedural 'technicalities' protect our rights in DUI cases

    In 2010, a man was pulled over in Charles Town and another was pulled over in Beckley under the suspicion that they were driving while impaired. Both of these men were subsequently charged with a DUI and had their driving privileges revoked by the West Virginia Division of Motor Vehicles. Later, rulings made by administrative hearing examiners and a circuit court reinstated those driving ...
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  • PUI spells trouble for West Virginia snow plow driver

    In West Virginia, there isn’t really a criminal offense called "plowing under the influence" or PUI, but it doesn’t mean that an individual cannot be arrested for the behavior it describes. That is exactly the situation that a snow plow driver found himself in late this past month. On Jan. 29, a deputy in McDowell County observed a snow plow with a headlight that wasn’t properly functioning. It ...
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