The way DUI cases are handled in West Virginia will change when the new month gets started.
Under a provision approved by lawmakers in the 2010 regular legislative session, a new agency within the state Department of Transportation will handle license revocations and appeals of those revocations for driving under the influence violators.
Currently, if someone loses their license and wants to appeal, they must appeal with the head of the state Division of Motor Vehicles. Lawmakers didn't think that appeals process was completely fair, since the DMV Commissioner is the person who presides over the hearing examiners who issued the revocations initially.
"It will establish a separate agency within the Department of Transportation to be in charge of conducting hearings and establishing procedures," said Steve Dale with the DMV.
The head of the new agency must be an attorney and will be appointed by the Governor and approved by the state Senate. Presently, the Secretary of Transportation has appointed staff lawyer Jill Dunn to handle the duties until the first Chief Examiner is on board.
Dale says the legislation also gives first time DUI offenders a way to wipe the slate clean if they are willing to follow a prescribed path.
"Have their first offense DUI expunged from their criminal record if they agree to get into the ignition interlock program, which is something we administer here at DMV," explained Dale. "As well as drop any requests for a hearing." For further information, contact your local Virginia DUI Attorney.
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