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Author Archives: Harley Wagner

Harley Wagner
Recently Named Best DUI attorney in West Virginia There is hope after a DUI arrest. If you are looking for somewhere to turn for help with your WV DUI, look no further. DUI lawyer Harley Wagner is here to put the pieces of your life back together. Speak with him today about how to build a defense for your DUI case. View Full Bio

Latest battle with the West Virginia DMV

A couple weeks ago, I had the privilege of appearing in Kanawha County Circuit Court, in front of the Honorable Judge Bailey, on behalf of a fellow West Virginia citizen who had been accused of driving under the influence in the Fall of 2011. The nature of my appearance was in regards to a Writ of Prohibition appellate action that I had filed on behalf of said citizen against the West Virginia Division of Motor Vehicles (WV DMV) seeking to have the ... Read More »

Burden of Proof in a criminal case

With all of the recent national media attention to the jury verdict in the George Zimmerman case, I, and The Wagner Law Firm, thought it prudent to remind, or in some cases teach, our readership what the actual burden of proof is in a criminal case in a United States courtroom, what it means and the burden therein our government bares in proving their case. The burden of proof the government bares in a criminal case is called, “proof beyond a reasonable doubt.” This burden ... Read More »

New West Virginia Seatbelt law coming

Here at, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, owned and operated by West Virginia DUI Defense Attorney, Harley Wagner, continually strives to provide the most current and useful Driving Under the Influence information as related to our fellow citizens and that of our state and federal governments continual over zealous prosecution thereof.   The Wagner Law Firm’s most current blog of DUI information centers upon a new WV seatbelt law that is scheduled to take effect September 1, ... Read More »

Landmark WV Supreme Court Ruling

On Monday, April 22, 2013, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, owned and operated by West Virginia DUI Defense Attorney, Harley O. Wagner, received a telephone call from the West Virginia Supreme Court, advising that State of West Virginia ex rel. Pamela Jean Games-Neely v. The Honorable Joann Overington, Magistrate, Berkeley County, West Virginia, had been upheld by our state’s highest court, 5-0 unanimous. The significance of this landmark ruling is that any citizen who gets arrested and accused of ... Read More »


We at The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, strive to constantly provide to inquiring citizens the most up to date, relevant information on the DUI laws of West Virginia and related driving under the influence topics and happenings both in West Virginia and across the nation. Owner and founder of The Wagner Law Firm, West Virginia DUI Defense Attorney, Harley O. Wagner, is the West Virginia contributor for, the nation’s finest DUI blog site. First, an important clarification: I ... Read More »

New DUI Drug Bill Passes

At, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, and that of The Wagner Law Firm founder, and West Virginia’s only exclusive DUI attorney, Harley O. Wagner, strive to keep the public advised of any and all changes to the DUI statutes and laws governing in the state of West Virginia. One very relevant and impactful change to the DUI laws of West Virginia was recently passed by both the House and Senate of West Virginia legislature ... Read More »

Handling a DUI traffic stop/arrest in West Virginia

Virtually since the day I started practicing DUI defense in the Fall of 1999, I have been routinely asked by many friends, colleagues, family members and strangers throughout the land on how to handle a DUI traffic stop in West Virginia. What should I say? What do I do? Do I submit to any roadside or police station testing? Do I agree to be interviewed? Do I ask for a blood test? On and on. Here at The Wagner Law Firm, West ... Read More »

WV Deferral Program as applied to citizens licensed outside WV

In June of 2010, the West Virginia legislature enacted 17C-5-2b, an additional component to our 17C-5-2 DUI statute. It is commonly referred to as the “Deferral Program.” The essence of the program is that a citizen arrested for 1st offense DUI, with no prior DUI convictions, license related suspensions, or maintaining of a CDL license, and who has an alleged BAC < .15, can request, within 30 days of arrest, to participate in the Deferral Program. (*Prior posts by The Wagner Law Firm ... Read More »

“Refusal” the way to go in 2012 West Virginia!

In June of 2010, the West Virginia legislature created an additional component to our DUI statute (WV Code 17C-5-2) known as, “The Deferral Program” (WV Code 17C-5-2b), and therein fundamentally altered the long held addage of always submitting to the breath machine on a first offense case as refusing presented a far greater license suspension consequence to the citizen. This is no longer the case. In theory, the deferral program was designed to afford a citizen accused, who submitted to the ... Read More »

Victory in the West Virginia Supreme Court

On May 22, 2012 I had the privilege and honor of presenting oral argument before the Supreme Court of Appeals of West Virginia in the matter of Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Mark Thompson, Respondent. Slip No. 11-0891. (*Mr. Thompson’s case was consolidated with another case, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Justin Brant Wood, Respondent.) These cases came to the high court ... Read More »