We received word not long ago that the West Virginia Supreme Court of Appeals has ruled in our favor on the case that was posted about a while back, Mark Thompson v. WV DMV.
The Supreme Court ruled that the West Virginia Division of Motor Vehicles lacked the authority to suspend someone’s driver’s license based solely upon a no contest conviction and the fact that they had been suspended before. The Court seemed to wholly adopt the argument put forth in Mr. Glass’ brief in rendering their decision.
Now before you get all up in arms about the Court letting drunk drivers back out onto the roads let me assure you that this decision does not do that. It does not let an accused off the hook all together. It merely means that they must be afforded a hearing before their license can be suspended if they enter a no contest plea. It simply clarified what the legislature put in place, and that is that a plea of no contest does not constitute a conviction for the purposes of driver’s license revocation proceedings. This case has the ability to effect thousands of DUI proceedings across the state of West Virginia.
Should you have any further questions regarding this case, or DUI laws in West Virginia generally, make the Clear Choice and contact the Glass Defense Firm today at (304) 933-9883.