passenger permitting dui received revocation

[mr massie]

What is the name of your state (only U.S. law)? wv
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Incident occurred in WV, I am the owner of a vehicle that was a party to a Dui. I was the passenger during the process of being pulled over by a police officer and the driver arrested and charged with DUI. I was not charged with any crime, and was not taken into custody by the police, I was asked my name but was not "officially" questioned, my drivers license was not presented to the officer, nor was I read my rights. I was permitted to find a way home from the police department, due to the fact my car was towed and impounded. The officer even stated that he could charge me with permitting a dui but said he elected not to do so. I assumed I was not in any jeopardy with DMV nor any criminal court due to the fact I was not charged with a crime. I recently moved and my mail was very slow in arriving to my new mailing address. I have never recieved one document or piece of mail from the DMV. I was made aware that my license was revoked when I went to the DMV to have a new license card made due to a theft of my purse (prior to the subject incident) which included my driver's license. I was told by the DMV I did not file an answer in the thirty day time frame, therefore I was automatically revoke due to knowingly permitting a dui. I went to the police department of the officer who issued the driver a DUI and got copies of the paperwork filed with DMV. The officer did check the box on the affidavit to the DMV stating "The passenger Knowingly permitted the driver to drive the vehicle while intoxicated". Okay with all that stated my questions is can the DMV revoke my license when I was never charged with a crime. I know they can revoke a license even if a criminal charge of DUI gets dismissed, but can they revoke when charges of permitting a Dui were never filed, nor was I arrested. I have a perfect driving record not one moving violation. I am a 40yr old single mother of 4 children and the sole provider, a revocation can cost me my job. I currently am revoked and not permitted to drive a vehicle.

 

[OHRoadwarrior]

West Virginia Drunk Driving Laws

Looks like you get 6 months mom. By the time you hire a lawyer to fight the suspension and it gets to court, your suspension will be over. I suggest you save the time, money and hassle. Glad you survived the trip. Use this as a wakeup call. Your children need you alive.

 

[Ohiogal]

What is the name of your state (only U.S. law)? wv
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Incident occurred in WV, I am the owner of a vehicle that was a party to a Dui. I was the passenger during the process of being pulled over by a police officer and the driver arrested and charged with DUI. I was not charged with any crime, and was not taken into custody by the police, I was asked my name but was not "officially" questioned, my drivers license was not presented to the officer, nor was I read my rights. I was permitted to find a way home from the police department, due to the fact my car was towed and impounded. The officer even stated that he could charge me with permitting a dui but said he elected not to do so. I assumed I was not in any jeopardy with DMV nor any criminal court due to the fact I was not charged with a crime. I recently moved and my mail was very slow in arriving to my new mailing address. I have never recieved one document or piece of mail from the DMV. I was made aware that my license was revoked when I went to the DMV to have a new license card made due to a theft of my purse (prior to the subject incident) which included my driver's license. I was told by the DMV I did not file an answer in the thirty day time frame, therefore I was automatically revoke due to knowingly permitting a dui. I went to the police department of the officer who issued the driver a DUI and got copies of the paperwork filed with DMV. The officer did check the box on the affidavit to the DMV stating "The passenger Knowingly permitted the driver to drive the vehicle while intoxicated". Okay with all that stated my questions is can the DMV revoke my license when I was never charged with a crime. I know they can revoke a license even if a criminal charge of DUI gets dismissed, but can they revoke when charges of permitting a Dui were never filed, nor was I arrested. I have a perfect driving record not one moving violation. I am a 40yr old single mother of 4 children and the sole provider, a revocation can cost me my job. I currently am revoked and not permitted to drive a vehicle.

Yep you can get an administrative suspension without being charged with a crime. You don't have a perfect record by the way -- you KNOWINGLY PERMITTED someone to drive when they were drunk. If they would have killed someone, you could have been found guilty of vehicular manslaughter among other things. The fact that you have four children is not going to sway the DMV. You may lose your job for one night of partying.

It is interesting btw that you are a single mother yet your user name is mr massie.

 

[mr massie]

Thank you for portions of your reply

First of all My First name is Mary middle inital R. not Mr. Massie. Second I did not knowingly permit a DUI and I was not partying. I let a family member use my car earlier in the evening, then they picked me up later. I had no knowledge he had been drinking he did not act in any way like his judgement was impaired nor did I smell alcohol to even question him if he had been drinking. The officer did not ask me if I knew he was drinking so not sure why or how he could state in the affidavit he sent to dmv on the driver, that I knowingly permitted him to drive intoxicated. Driver was not pulled over due to questionable driving he was pulled over because I had a taillight out. I am a very responsible mother and driver and I am very thankful no one was physically harmed in this incident. I was told my options are take a 90 day suspension attend some classes and I can have license reinstated; have interloc placed on my vehicle for 4 mos, take classes then get license reinstated; or file an appeal while my license is revoked and not drive. So I am weighing all my options, but I must say having a suspension on my record is devastating to me plus my insurance rates are gonna go up. I still to this day have not received any paperwork from DMV nor do they have the certified mail receipt returned to them that myself not the post office received the letter. I was told by a police detective friend of mine that he thought maybe after the interloc option I could have my record expunged, but does that mean a criminal charge expunge, because as I said I was not charged with anything, or can that be expunged from my driving record?

 

[ENASNI]

You never know with the DMV. I have said this again and again they are an entity amongst themselves.


Just so you know they are both judge and lawyer/ mediator at most DMV violations. It is like the middle-east.


Any DMV employees would be putting the hate on me but I wish they would join sometimes and shed some light on situations.

So... do we have any?

 

[mr massie]

research research research

After hours and hours of research, I realized the law is so vague and most of the procedures, for example if I want to go the interlock route, have timelines etc based on when you were charged or convicted of a crime...I wasnt charged nor convicted of a crime. The officer did not send an affidavit in on me in conjunction with a crime. The affidavit subject was regarding the arrested driver. They just copied his file and set up a case file on me at the DMV. When I requested a copy of my file with the DMV I had to sign a release and fax it to them to release the documents associated with my case file, however could they legally send me the documents/ affidavit that the driver was subject, wouldn't he have had to sign a release. None of it makes sense. They have added a misdemeanor offense/crime to the WV code of permitting a DUI, but have made no rules regarding how to handle it specifically when charges aren't filed criminally but an administrative revocation was allowed based on information sent to the DMV in the affidavit of someone else's charge and arrest. What basis did they even have that I knowingly permitted, the police officer never even asked me if I knew the driver was intoxicated, you would think before he could legally state and swear to in an affidavit to the dmv the officer would have had to prove I had knowledge. My right to defend myself of that accusation was taken away the minute the officer put that in a sworn statement to the DMV. It just makes less sense the more I think about it.

 

[mr massie]

Its so wrong

What do you mean by strict liability provision?
No, the officer did not report to DMV that he asked me if I knew driver was driving drunk because the officer did not question me at all. He simply checked the check box beside the sentence "Owner Knowingly Permitted the Driver to Drive Under the Influence. It doesn't even specify which one of the owners listed above the checked box actually knowingly permitted there are two owners documented. Also the specific Code violation ie 17c-5-2 of WV Code. Knowingly permitted law just has no provisions it seems to instruct how to handle that charge with the DMV, because if you follow the instructions in the Code on how to handle the DUI Offenses they all refer to a charge and blood alcohol levels because initially the only DUI Offenses were Always pertaining to someone actually Driving Over the legal limit. So the DMV has free reigns due to such vague language. My case is the perfect example of the absolute wrong type of person to go after, because charging me with this is not protecting the public from someone that ever violates the DUI laws or any road laws for that matter...this is only hurting me and DMV is wasting money trying to protect the law from a nonthreat. I have never driven drunk in my life and never to my knowledge let someone drive my car drunk. Its all so devastating I truly think I may have a full blown nervous breakdown, I haven't slept in days and I am scared to death I am going to lose my job and I dont get child support from the children's father, this atrocity could adversly affect not only my future but my children's future and quality of life.