Administrative License Revocation in Moundsville

Before Senate Bill 130

Handling DUI cases in Moundsville used to be a complex process. Before the Senate Bill 130 took effect on July 1, 2020, each DUI case involved two separate hearings:

• DUI Case Hearing: This dealt with the criminal aspect of the DUI charge.
• Administrative License Revocation Hearing: This was about the revocation of the driver’s license.

Double Hearings

Previously, after these hearings, another session was required before a judge in court for the administrative license.

After Senate Bill 130

With the implementation of Senate Bill 130, DUI cases have become more streamlined. Now, a single court handles both the punishment and conviction, simplifying the process significantly.

• Administrative Hearings Office Closure: The Administrative Hearings Office was dissolved on July 22, 2021. DUI cases filed before July 21, 2020, continue their hearings there until resolved. Unresolved cases face temporary dismissal.

Why You Need a Moundsville DUI Lawyer

Navigating DUI cases and the effects of Senate Bill 130 can still be confusing. Seeking assistance from a Moundsville DUI lawyer is crucial to streamline the process. The reputed law firm, Mountaineer Criminal Law Group, offers expert Moundsville DUI lawyers who will give your case the attention it deserves to achieve a favorable outcome.

The New Single – Court System

Simplifying the Old System

The previous WV court system was complicated with dual hearings for driving license penalties. However, the new system introduces a single hearing, and the penalties vary based on the severity of the charges.

Administrative License Revocation

Regional DMV Hearings

Various types of administrative revocation records are stored at the DMV headquarters in Charleston. However, you might be summoned to any regional office for the case hearing. Our Moundsville DUI lawyer provides legal representation in handling DUI cases at these locations.

Local Hearings

Generally, the hearing takes place near the arrest location, where our lawyers will travel to resolve the case.

Losing Your License Without Conviction

Cases Before July 1, 2020

For cases filed before July 1, 2020, you might lose your administrative license even if you are not convicted.

Administrative Hearings Explained

The administrative hearing is a legal proceeding associated with consent testing. During these hearings, the government has fewer burdens compared to proving criminal penalties where citizens’ rights and freedom in DUI cases are at stake. The suspension of the administrative license hinges on the “preponderance of evidence” standard. Meanwhile, the criminal court requires proof “beyond a reasonable doubt” to declare someone guilty.

Changes After Senate Bill 130

Reduced Challenges

In the past, proving someone not guilty to regain their license was challenging for lawyers. However, the situation has improved after Senate Bill 130, reducing the odds of winning significantly. Now, you only need to attend one court session, and the license revocation is based on criminal charges.

Filing Appeals

Our Moundsville criminal lawyer will assist you in filing the administrative license appeal for cases before July 2020, allowing you to take your car to the Administrative Hearings Office, where the final order date will be issued in West Virginia. Delays in this process enable you to drive longer, typically for 8-10 months, due to the backlog of cases. Ensure you attend your hearings to avoid the risk of license revocation.

Talk to Us at Mountaineer Criminal Law Group

Discuss your case with our Moundsville DUI lawyer at Mountaineer Criminal Law Group to ensure you or call us at (304) 381-3656 receive the justice you deserve.