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Administrative License Revocation in Martinsburg
The Impact of Senate Bill 130 on DUI Cases
Handling DUI cases used to be a complex process in Martinsburg before Senate Bill 130 became effective on July 1, 2020. Previously, each DUI case required two separate hearings—one for the DUI charges and another for administrative license revocation. The second hearing, focused on the administrative license, often led to an additional appearance before a judge for further proceedings.
With the introduction of Senate Bill 130, the legal process has been streamlined. Now, DUI cases are addressed in a single court where both the punishment and conviction are determined. Furthermore, the Administrative Hearings Office was disbanded on July 22, 2021. Cases filed before July 21, 2020, continued their hearings up until that time, but unresolved cases are now scheduled for eventual dismissal.
Navigating the legal process under Senate Bill 130 can be challenging without proper guidance. This is why the expertise of a Martinsburg DUI lawyer from Mountaineer Criminal Law Group is invaluable. Their dedicated legal professionals are committed to ensuring your case reaches the most favorable resolution.
A New Single-Court System
The previous West Virginia court system was intricate, requiring dual hearings for penalties tied to driving licenses. However, the new system significantly simplifies the process by implementing a single hearing. The penalties for driving license revocation under this system are determined by the severity of the charges.
Administrative License Revocation and Regional Hearings
While the Department of Motor Vehicle (DMV) headquarters in Charleston handles a variety of administrative revocation records, hearings may occur in one of its regional offices. The hearing location is typically determined based on the site of arrest.
To ensure you have strong legal representation, a Martinsburg criminal lawyer from Mountaineer Criminal Law Group can assist you in managing DUI cases effectively.
Key Points of Regional Hearings:
- Administrative hearings often occur near the arrest location for convenience, reducing travel burdens for the accused.
- Legal experts from Mountaineer Criminal Law Group travel to these hearings to support their clients and help resolve cases.
Losing Your License Without Conviction
For cases filed before July 1, 2020, administrative license revocation could still occur even if the defendant was acquitted in court.
The administrative hearing determines the legality of consent testing violations. Unlike criminal court proceedings, the government faces fewer legal burdens in administrative hearings. These hearings rely on a “preponderance of evidence” standard, while criminal courts must prove guilt “beyond a reasonable doubt,” which requires a much higher evidentiary threshold.
Historically, lawyers encountered numerous obstacles when attempting to prove innocence and preserve their clients’ licenses. However, Senate Bill 130 has simplified the process, focusing on a single court where license suspension is decided based on criminal charges.
Filing for Administrative License Appeals
If your case was filed before July 2020, you can appeal the administrative license revocation. A Martinsburg DUI lawyer from Mountaineer Criminal Law Group can guide you through this process and ensure you follow all necessary procedures.
Why File for an Appeal?
- Appeals delay the administrative revocation process, allowing you to continue driving your vehicle for an additional 8–10 months due to the backlog of cases.
- Missing a scheduled hearing can increase the likelihood of license revocation, so it’s critical to attend every session.
Our legal professionals will assist you in presenting your case at the now-closed Administrative Hearings Office, ensuring your rights are protected and the final order in West Virginia is issued appropriately.
Mountaineer Criminal Law Group – Your Trusted Partner
At Mountaineer Criminal Law Group, our experienced attorneys are here to help you every step of the way. Whether you need representation from a Martinsburg criminal lawyer or guidance from a Martinsburg DUI lawyer, know that our team is dedicated to achieving justice for your case.
Sit down with one of our legal experts today, share your story, and receive the support you deserve. We’re here to make the legal process as straightforward and stress-free as possible! Reach out to us (304) 381-3656 for more information on how we can help.