West Virginia Dui Defense

by Wagner, Harley O.

• ISBN13: 9781933264363
• ISBN10: 1933264365
• Edition: 1st
• Format: Hardcover
• Copyright: 2010-05-15
• Publisher: Lawyers & Judges Pub Co

Summary

For even the most seasoned attorney admitted to practice in the State of West Virginia, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with West Virginia DUI Defense: The Law and Practice. This text and supplementary DVD contains the most important information to help you attain a successful verdict.Written by Harley O. Wagner and James Nesci, members of the National College for DUI Defense, West Virginia DUI: The Law and Practice ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense in the State of West Virginia. The authors provide the most up-to-date information available on key areas of DUI law in West Virginia including: DUI Investigations, Driving and Field Sobriety Testing, Drug Recognition, Evaluation and Chemical Testing, Blood Alcohol Calculations, Pre-trial Investigations and Motions, Practice, Plea Offers and Agreements, DWI Trial Procedures, and more. Many practical tools and applications designed to streamline and simplify the complex DUI defense process have been developed along with this book. They are all included on a bonus DVD - so you can locate, review and print them out in a matter of seconds. The companion DVD contains NHTSA studies, articles and visual detection videos, as well as expanded sections on West Virginia law and procedure.

Author Biography

Harley O. Wagner is a 1995 graduate of Thomas M. Cooley School of Law in Lansing, Michigan. He is a former State Assistant Prosecuting Attorney, in Clarksburg, West Virginia, from May of 1997 to October of 1999. In November 1999, he moved back to his hometown of Martinsburg, West Virginia, and joined the criminal defense firm of Kevin D. Mills & Associates, starting therein the journey he had always dreamed of pursuing, that of becoming a criminal defense attorney with a special emphasis on DUI defense. In January 2003, the firm was renamed Mills & Wagner, PLLC. Over the last decade, in addition to hundreds of general misdemeanor and felony criminal cases, Mr. Wagner singularly handled what was thought by many to be the largest DUI defense practice in the state of West Virginia. Mr. Wagner also successfully co-counseled three capital cases during this period. In February 2010, Mr. Wagner left his former law firm to open his own law practice. The Wagner Law Firm opened in March 2010. The primary focus of Mr. Wagner's new Martinsburg, WV based law firm is on DUI related cases only.In 2001, Mr. Wagner was accepted into the National College for DUI Defense, the singular recognized organization by the American Bar Association for board certification as a DUI Defense Specialist. In 2003, he was appointed by the National College for DUI Defense Board of Regents as the West Virginia State Delegate, where he maintains that position today. In 2008, in recognition of his ôimmenseö contribution to the field of DUI defense, Mr. Wagner was anointed sustaining lifetime membership to the National College for DUI Defense by the Board of Regents of the National College for DUI Defense. By and through the National College for DUI Defense, Mr. Wagner has attended over two dozen nationwide DUI defense seminars and has received over 500 hours of DUI defense training. He is one of two West Virginia DUI Defense Attorneys to be a ôtrainedö operator of the Intoximeter EC/IR II, West Virginia's designated secondary breath machine. He is both a National Highway Traffic Safety Administration qualified administer and instructor on standardized field sobriety testing. He has lectured and trained various law enforcement agencies and DUI defense attorneys on the proper administration of standardized field sobriety testing. Mr. Wagner routinely travels throughout the country annually attending the nation's finest DUI defense seminars with nationwide National College for DUI Defense colleagues and nationally renowned scientists and experts in the field of DUI, breath and blood testing.James Nesci is a graduate of the University of Arizona College of Law and was a solo practitioner from January 1, 1995, to January 1, 2005 in Tucson, Arizona. He is now a partner in the firm Nesci, St. Louis & West, P.L.L.C. He is an honorably discharged veteran of the U.S. Navy.In 1999 Mr. Nesci became a Sustaining Member of the National College for DUI Defense. In 2001, Mr. Nesci passed all examinations and requirements for Board Certification from the National College for DUI Defense. In the Summer of 2001 he was officially Board Certified and is currently one of only two Board Certified attorneys in the state of Arizona.His firm's practice is devoted entirely to criminal defense. At any time, he typically defends about 30 DUI cases in several jurisdictions while other members of the firm defend capital murder, rape, armed robbery, possession and varied federal offenses as well as DUI. In addition to being a regular speaker at the Arizona Attorneys for Criminal Justice's annual Aggressive Defense of the Accused Impaired Driver seminar, Mr. Nesci has lectured at several national seminars including the National College for DUI Defense 2001, 2003, and 2006 Summer Sessions, the California Attorneys for Criminal Justice Seminar Rules of the Road V, the NACDL DWI Means Defend With Ingenuity¬ Seminar in Las Vegas in 2001 and 2005, The Las Vegas Bar Association Seminar Killer Cross, and the New York State Bar Association's 2nd, 3rd, and 6th Annual Big Apple DUI Seminars. He has lectured for the University of Arizona James E. Rogers College of Law as well as the University of Mississippi's Ol' Miss DUI CLE. He has taught seminars on the subjects of cross-examination, trial tactics, field sobriety testing, blood alcohol calculations, opening and closing arguments, ethics, blood and breath testing.