Hiring a DUI Lawyer and Other Tips on Beating a DUI Charge in Morgantown WV

by | Dec 19, 2011 | Legal Advice

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Morgantown, a city 29,660 and 120,327 in the greater metropolitan areas, is the county seat of Monongalia County in West Virginia. The city along the Monongahela River banks is home to West Virginia University and it therefore follows that many DUI arrests take place here.

You should beat your DUI charge because a first offense could lead to jail time of up to 6 months, fines ranging from $100 to $500, and license suspension. Second time offenses lead to jail time for up to 1 year, ignition interlock requirement, license suspension of up to 1 year, and fines ranging from $1,000 to $3,000. Third time offenses lead to jail time of up to 3 years, a felony offense, fines ranging from $3,000 to $5,000, ignition interlock requirement, and license suspension of up to 1 year.

One way to beat a DUI charge is to enlist the services of a DUI lawyer Morgantown WV. Hiring a DUI lawyer is advantageous in that these lawyers have the necessary experience, training, and contacts, meaning your case will be handled professionally and you get a higher chance of success. A lawyer will assess your case and determine the most appropriate course of action. Hiring a DUI lawyer gives you unparalleled convenience, meaning your case will not interfere with your work/business and your social life.

Other than hiring a DUI lawyer Morgantown WV, you could beat your DUI charge by arguing that the police officer who stopped you did not have a reasonable and articulate basis to believe that you were breaking a traffic law or that you were breaking any other law. This is called an illegal stop, under West Virginia law. Under the law, you cannot be seized unless you violate a law.

You could argue that you were within your lines if you are stopped for weaving. This is because weaving is not illegal in West Virginia if you did not cross any lines. You could argue that you were stopped following an anonymous tip from the public since policemen are not allowed to stop you this way.

If the standard field sobriety test is the one that determined your drunkenness, you could argue that the charges be dropped since this test is not admissible under West Virginia laws. Other tests that are not admissible under the law are non-standard tests such as saying the alphabet, counting backwards, or touching your finger to your nose. The breathing test alone does not give conclusive results.

You could use the videotape from the police station if your speech was clear and your balance was perfect by the time you were being booked. Note that there are in-squad videos that you could use to contradict police officers.

You could also beat the DUI charge with or without a DUI lawyer by arguing that you were not driving on a public highway, and by pointing out that the prosecutor is not disclosing all witnesses. In addition, you could do so by indicating that the test breath machine did not use the right quantity of simulator solution, and by pointing out that the DUI charge was not filed within the stipulated period.

DUI Lawyer Morgantown WV You could hire a DUI lawyer to help you beat a DUI charge since conviction leads to serious penalties in Morgantown. There are several other tips that will help you.

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