DUI conviction without proof

[montani]

What is the name of your state? WV

Can someone be convicted of a DUI
without proof? All the evidence was
thrown-out (breath., etc.), so all WV had is
the cop saying ''yeh, i think he was drunk.''
Where's their burden of proof?

[VAsinglemom]

What was the reason they tossed all the evidence out? Was a sobriety test done on-scene? Was it recorded by a dashboard camera? Was that evidence tossed out as well?

[montani]

Originally Posted by VAsinglemom

What was the reason they tossed all the evidence out? Was a sobriety test done on-scene? Was it recorded by a dashboard camera? Was that evidence tossed out as well?

ALL the evidence was obtained improperly, including the FST (done on-scene). WV has no dash cameras. WV's DMV commissioner (who was recently fired!) said he "had the right & authority to revoke driver licenses at his will."

[CdwJava]

Originally Posted by montani

ALL the evidence was obtained improperly, including the FST (done on-scene). WV has no dash cameras. WV's DMV commissioner (who was recently fired!) said he "had the right & authority to revoke driver licenses at his will."

Conviction of a criminal act is not the same as the administrative punishment of a license revocation. These are different issues.

Was the person in your tale convicted of a crime and sentenced to jail, probation, or some other form of punishment as a result of a conviction?

Or, are you refering to a license revocation as a "conviction" here?

If the FSTs were tossed and the chemcical test was tossed (I'd be curious to know why), then the state would have to rely on other evidence to convict. However, even in a situation where a person was not convicted for a crime, the DMV can generally still suspend the license. However, not knowing the law in WV in this regard, I cannot say what the options are or whether there are any procedures to get the license reinstated.

- Carl

[montani]

Originally Posted by CdwJava

Conviction of a criminal act is not the same as the administrative punishment of a license revocation. These are different issues.

Was the person in your tale convicted of a crime and sentenced to jail, probation, or some other form of punishment as a result of a conviction?

Or, are you refering to a license revocation as a "conviction" here?

If the FSTs were tossed and the chemcical test was tossed (I'd be curious to know why), then the state would have to rely on other evidence to convict. However, even in a situation where a person was not convicted for a crime, the DMV can generally still suspend the license. However, not knowing the law in WV in this regard, I cannot say what the options are or whether there are any procedures to get the license reinstated.

- Carl

WV is one of only a few states where you have 2 "court" cases: criminal (jail) & DMV (revoke). I spent 24 hours in home confinement. The funniest thing: this case has lasted more than 5 years! The DMV Hearing Examiner eventually ruled in my favor- i got to keep my license. After that, I moved to another state. I didn't have the revocation on my driving record at the time.

A year later (!), WV's DMV Commissioner OVERTURNED his own Hearing Examiner's ruling, which is why he said what he said, and revoked my WV license, which I no longer had (!). I still have a valid license in my new state, with no mention of the DUI on it. It has been over a year since my WV "revocation" and I check my new state driver's license monthly. As of today, I still have a clean and clear driving record. And people wonder why WV's population is moving out (probably the fastest % in the country). I love WV, but not the people who run it. Shame!

[VAsinglemom]

I'd venture to say that yours probably wasn't an isolated event. Maybe the result of some changes in the state legislature or new amendments to some particular part of the law.

[CdwJava]

The revocation hearing is not a court case. My state has it as well, and it IS entirely possible for a criiminal case to be dismissed by the court and a suspension to be upheld by the DMV. But, there are ways to petition for the return of the license upon a dismissal or a "not guilty" verdict.

- Carl