DUI Attorney Jason Glass appeared this morning before the West Virginia Supreme Court of Appeals in the case of Mark Thompson v. West Virginia DMV.
The case centered around a Second Offense DUI arrest. Mr. Thompson entered a no contest plea in Berkeley County Magistrate Court and the WV DMV subsequently revoked his license without affording him a hearing on his case.
According to West Virginia law, a no contest plea does not constitute a conviction. Therefore, the DMV has no conviction to base a revocation on and must afford the individual a chance to be heard at a hearing prior to revoking their license.
The DMV is mistakenly relying on another statute, dealing with establishing the test and lock program in West Virginia, claiming that gives them the authority to automatically revoke a person’s license, without a hearing, if they are a subsequent offender and enter a no contest plea.
This case can potentially effect hundreds of people accused of DUI in West Virginia. While we are cautiously optimistic on the outcome, stay tuned in the coming months for the official decision.
If you have any questions regarding DUI offenses in West Virginia, make the Clear Choice and contact DUI attorney Jason Glass at 304.933.9883.