The latest posts for Breath Test are listed below.
-
In a previous blog , we discussed Field Sobriety Tests – which include the walk-and-turn, stand and balance, and Horizontal Gaze Nystagmus – and how they are important tools used by law enforcement officers to gather evidence that supports their justification to arrest and charge suspects. We also discussed how suspects have a right to refuse those tests. Whether a suspect chooses to take Field ...
-
We recently wrote about an incident involving a woman who was charged with a DUI offense even though officers never observed her actually driving the vehicle. She was simply unconscious behind the wheel . In that case, her car was stopped at a traffic signal at the time. We noted or promised in that post that drunk driving charges could result under more common circumstances too -- like a car ...
The latest posts for Breath Test Refusal are listed below.
-
In a previous blog , we discussed Field Sobriety Tests – which include the walk-and-turn, stand and balance, and Horizontal Gaze Nystagmus – and how they are important tools used by law enforcement officers to gather evidence that supports their justification to arrest and charge suspects. We also discussed how suspects have a right to refuse those tests. Whether a suspect chooses to take Field ...
-
A law enforcement officer may utilize different tests and pieces of equipment when trying to determine if a driver is impaired. One piece of equipment often used is a Breathalyzer. Many people in West Virginia may have heard of this device but are probably unaware of how it works. So, how does a Breathalyzer test determine one's blood alcohol level? The Breathalyzer machine is just one of many ...
-
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 ...
The latest posts for Convictions are listed below.
-
The controversial legislation for SB76 was signed into law on April 25, 2017. Senate Bill 76 allows individuals convicted of non-violent felonies to return to court after 10 years to possibly have their convictions reduced to misdemeanors. The signing of the bill signals West Virginia’s adoption of progressive approaches for restoring the rights of non-violent criminal offenders. SB76 will improve ...
-
If you have been arrested and/or convicted of drunk driving, you may be wondering what kinds of consequences you might face beyond those imposed by a judge. You may be concerned about your family’s reaction and you may be worried about how outsiders may perceive your alleged behavior. Specifically, you may be wondering if your DUI charges will affect your ability to get a job at any point in the ...
The latest posts for Drivers License Suspension Or Revocation are listed below.
-
Many good men and women in the state of West Virginia are commercial drivers. This can be a great job, offering financial freedom to those who are willing to work the difficult hours and maintain strict schedules. Unfortunately, these drivers sometimes find themselves accused of driving while drunk or otherwise impaired. When this happens, a commercial driver has a lot on the line -- such as his ...
-
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 ...
-
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 ...
The latest posts for Drunk Driving Charges are listed below.
-
West Virginia and Maryland both make driving under the influence ( DUI ) a crime punishable by serious penalties. This includes not only driving under the influence of alcohol, but also drugs. While most people are familiar with the legal limit associated with alcohol DUIs (.08) and how law enforcement and prosecutors secure evidence of alcohol intoxication (breath or blood tests), most people do ...
-
Driving under the influence ( DUI ) is a major priority for law enforcement agencies, including those in West Virginia and Maryland. Today, any DUI arrest – be it a first-time allegation or an arrest with prior convictions – can warrant aggressive prosecution and substantial short- and long-term penalties upon conviction. However, those penalties can be elevated even more when drivers are charged ...
-
When it comes to criminal justice, there is no secret that convictions come with penalties. While many understand the possibility of fines, fees, jail time, driver’s license suspension, and other penalties handed down by the court in DUI cases, few understand just how far-reaching the repercussions and collateral consequences of a conviction can truly be. At Sutton & Janelle, PLLC, we make it a ...
The latest posts for Felony DUI are listed below.
-
Driving under the influence ( DUI ) is a major priority for law enforcement agencies, including those in West Virginia and Maryland. Today, any DUI arrest – be it a first-time allegation or an arrest with prior convictions – can warrant aggressive prosecution and substantial short- and long-term penalties upon conviction. However, those penalties can be elevated even more when drivers are charged ...
-
Individuals charged with crimes, including driving under the influence ( DUI ), often have some type of contact with a law enforcement officer who stopped and / or investigated them under suspicion of criminal activity. While being stopped or investigated by law enforcement is not a welcomed experience many expect or plan for, it is important to know your rights when you come into contact with ...
-
As summer comes to a close, people from all over the United States are getting ready to celebrate the end of the season by having some Labor Day fun. However, especially during these holiday weekends, the likelihood of getting arrested for a DUI significantly increases. So when you start planning out your weekend, here are some helpful tips to consider: Drink in moderation. If you are planning to ...
The latest posts for Field Sobriety Tests are listed below.
-
West Virginia police are constantly patrolling for suspected impaired drivers. When one is pulled over for this purpose, he or she may not know what to expect. What happens during a DUI traffic stop? When a traffic stop is initiated due to suspected DUI, police are looking for a number of things, including how the driver's eyes react to light and other stimuli. Drivers can expect to be asked ...
-
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 ...
-
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., ...
The latest posts for Firm News are listed below.
-
We are pleased to announce that our attorney, John Mark Sutton, was granted membership into the American Association of Premier DUI Attorneys. Attorney Sutton was confirmed by the Association based on the skills, knowledge, training, tools, resources, and strategies that he uses to win DUI cases . To determine if a prospective member is worthy of inclusion, the American Association of Premier DUI ...
-
Our team at Sutton & Janelle, PLLC is pleased to announce at Attorney J. Mark Sutton has been recognized among the 2018 10 Best DUI Attorneys in West Virginia for Client Satisfaction by the American Institute of DUI / DWI Attorneys (AIDUIA)! This is a prestigious honor that speaks volumes about Mark’s passion for guiding clients through difficult experiences and his ability to ensure they are ...
The latest posts for Legal Limit are listed below.
-
West Virginia and Maryland both make driving under the influence ( DUI ) a crime punishable by serious penalties. This includes not only driving under the influence of alcohol, but also drugs. While most people are familiar with the legal limit associated with alcohol DUIs (.08) and how law enforcement and prosecutors secure evidence of alcohol intoxication (breath or blood tests), most people do ...
-
In a previous blog , we discussed Field Sobriety Tests – which include the walk-and-turn, stand and balance, and Horizontal Gaze Nystagmus – and how they are important tools used by law enforcement officers to gather evidence that supports their justification to arrest and charge suspects. We also discussed how suspects have a right to refuse those tests. Whether a suspect chooses to take Field ...
-
Whether it was at a bar, at a house party or any other even that serves alcohol, the readers of our Martinsburg DUI/DWI law blog have probably heard someone declare that he or she is safe to drive home. Individuals might say that they’ve only had one beer, a couple drinks or that it has been a couple of hours since their last drink. We mentioned in our prior post that making an educated guess ...
The latest posts for License Suspension are listed below.
-
Like most other American locations, those charged with DUI in Berkeley and Jefferson counties run the risk of losing their driving privileges. However, it is important to remember that there are options at your disposal if you are facing such consequences. Despite any confidence you may have that you are not driving drunk, refusing a breath test during a DUI stop is not a good idea. In fact, it is ...
-
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 ...
-
Under West Virginia law, individuals with a .08 blood alcohol content are considered to be a drunk driver if they get behind the wheel of a car. Most Martinsburg drivers are probably aware of this legal .08 BAC limit. Even visitors can probably make an educated guess as to West Virginia’s legal limit since it is common across most jurisdictions. Even though it is a well-known law, it doesn’t mean ...
The latest posts for Multiple Offenses are listed below.
-
On Wednesday, June 4, the online news source Herald-Mail Media published a list of recent indictments against individuals in the area. On this list was information about a man charged with “one count of driving under the influence third offense and two counts of driving revoked (for) DUI third offense.” The name of the individual is certainly not important for the readers of our Martinsburg ...
The latest posts for Penalties are listed below.
-
When someone in West Virginia is accused of DUI, it can have far-reaching consequences. In addition to the consequences of the justice system's sentencing and penalties, the individual may have to face much more significant concerns, such as reputation and future lifestyle changes. This may be the case in a recent DUI arrest where the spokesman for the West Virginia Department of Transportation ...
-
The incident occurred on May 1, 2013, when Berkeley County sheriff’s deputies were called to the scene of an accident. There, the deputies found that one of the vehicles involved in the collision belonged to one of their own. An off-duty deputy from Martinsburg told the on-duty officers that his girlfriend was driving the vehicle. Berkeley County deputies called for the assistance of the West ...
-
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. ...