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DUI West Virginia

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  • DUI West Virginia

    I am facing a DUI in wv. I cannot afford an attorney for the DMV hearing but i have been assigned a PD for the criminal charge. I was wondering where are the rules and regulations concerning DUI procedures found.
    By example I am told that being that i am 50 lbs or more over weight that the officer violated procedure by making me stand on one foot. Also the walk and turn can be excluded on this basis?

    Is the officer required to change the fittings on both the street Breath unit as well as the larger one at the station and how accurate are these devices?
    I have contested all points on the DMV charge and I am facing a hearing Pro Se. I am sure of the outcome but I want to do my homework so i can at least argue my case from an informed position.

  • #2
    There are no WV criminal attorneys who follow this board, so your questions are best posed to a local attorney who has familiarity with how the courts apply the law in your jurisdiction.
    I am not able to respond to private messages. Thanks!

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    • #3
      Also reference http://www.laborlawtalk.com/showthread.php?t=283339 for some suggestions.
      (thread from 10-14-12)
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Done that..and been there!

        Originally posted by jspauldi8426 View Post
        I am facing a DUI in wv. I cannot afford an attorney for the DMV hearing but i have been assigned a PD for the criminal charge. I was wondering where are the rules and regulations concerning DUI procedures found.
        By example I am told that being that i am 50 lbs or more over weight that the officer violated procedure by making me stand on one foot. Also the walk and turn can be excluded on this basis?
        Is the officer required to change the fittings on both the street Breath unit as well as the larger one at the station and how accurate are these devices?
        I have contested all points on the DMV charge and I am facing a hearing Pro Se. I am sure of the outcome but I want to do my homework so i can at least argue my case from an informed position.
        WHO told you that being 50 lbs or more over weight that officer violated procedure by making you stand on one foot. Also the walk and turn can be excluded on this basis?
        Was it someone with a law degree?
        was it someone who works as a legal aide for an Attorney?
        Was it someone here or on another forum?
        Was a policeman ?
        OR,
        was it one of your drinking buddies who has gone through all this before?
        This is the second time you've came here asking basically the same things and crying about the same things,
        for example...
        http://www.laborlawtalk.com/showthread.php?t=283339
        Originally posted by jspauldi8426 View Post
        Iam having a very hard time finding affordable counsel I dont think .088 is gonna be that hard to beat could someone recommend anyone?
        No pun intended,
        but I wouldn't hold my breath on that happening.....

        Now, as embarrassing as this is for me to admit,
        math is not one of my stronger suits, so I need a little help on something,
        is having a BAC of .088,
        more,
        or is it less than the BAC of .08 as being legally under the influence in the state of W. Virginia?
        One more,
        For someone holding a commercial drivers license as you did,
        is having a BAC of .04, more,
        or is it less than having a BAC of .088? or does the .04 limit only come into play when your only driving a commercial vehicle?

        You have offered a multitude of explanations /(read excuses) as to Why you got pulled over,
        and WHY you failed the field sobriety test,
        and WHY you believe the breathalyser test may have been inaccurate.

        Has it occurred to you that there just might be reasons WHY this has happened to you ?
        Hummm let's see,
        You were speeding,
        You had no current registration.
        AND, you had a few beers and thought you could make it home without any problems...
        NOW, you can jump in at any time, but I want you to tell us which of the above was, NOT YOUR FAULT !!!
        BECAUSE SOMEONE WAS HOLDING A GUN TO YOUR HEAD!
        Now, I'm not going to preach to you and try and tell you, you have a drinking problem,
        however, it's painfully clear you may have a drinking and driving problem, ya think ?
        I assume your license has been spanked and I'll assume that you not driving at the moment, so the questions you've asked earlier, along with your desire,
        to,
        how did you put it...?


        I want to do my homework so i can at least argue my case from an informed position.
        Since you know how to use a computer,.. GO DO YOUR OWN HOMEWORK !
        When it comes time for you to go to court, do yourself a favor,
        let your Attorney do his/her job and your "position" should be to
        just sit there with your mouth shut and say NOTHING except these words.
        Yes sir.
        No sir.
        and,
        Thank you your Honor, (calling the Judge that I think should be optional, but at this point you need to do all the @ss kissing you can get in) they like to hear that,
        and it kinda reminds them why they are there insted of out playing golf.

        If you decide to NOT follow my advice and start whining to the Judge like you have here,
        I can almost guarantee you'll be toast in a matter of minutes..
        Good Luck, and y'all drive safe...

        .._______________________
        ~ Free advice is like a Public defender,
        you get what you paid for.





        Last edited by drruthless; 10-29-2012, 07:51 AM.

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