Many of our West Virginia readers are likely old enough to remember a time when 21 was not the nationwide minimum age for legal consumption of alcohol. It has been 30 years since President Ronald Reagan heavily incentivized all states to adopt the age-21 standard by signing a law to withhold a portion of federal highway funds from states that did not comply. Every piece of legislation comes with ...
In our last post, we discussed common strategies that a defense attorney might use to help his clients fight drunk-driving charges. These tend to focus on the accuracy of blood and breath-test results, the legitimacy of the traffic stop and any procedural mistakes that the arresting officer might have made. There are other defenses to drunk driving as well, but they tend to be less commonly used. ...
Many people who have been charged with a drunk driving offense mistakenly assume that they need to plead guilty because they will be convicted anyway. The results of a breath test and/or blood test are compelling pieces of evidence, but this doesn't necessarily mean that the case is a "slam dunk" for the prosecution. The fact of the matter is that there are several common strategies attorneys use ...
The Ignition Interlock Device has been around for quite some time, but it is quickly becoming a standard-issue device in response to drunk-driving convictions. Approximately 24 states have passed laws that require all DUI offenders to have an IID installed in order to have their driving privileges reinstated, even first-time offenders. A law that took effect in West Virginia earlier this summer ...
The three-day weekend is upon us. Readers need no reminder that tomorrow is the Fourth of July, which for many is among the top holidays of the year. It’s a great time to get outdoors, grill some food, drink some beers and set off some fireworks. But just like they do on other holidays, law enforcement agencies across West Virginia will be out in full force this weekend. Starting at midnight on ...