Case Results

Helping Good People Through Bad Times

Over the years, attorney Harley Wagner has successfully resolved thousands of DUI cases. He is proud to have helped numerous West Virginians avoid some of the harsh penalties of a DUI conviction. Read reviews left by past clients to hear their stories.

 

Not Guilty

DUI Felony 3rd Offense (Berkeley Springs, WV)

State v. R.B. – DUI felony 3rd offense. (Berkeley Springs, WV)

Result: Jury – Not Guilty.

Dismissed

DUI 2nd offense (Martinsburg, WV)

City of Martinsburg v D.M. – DUI 2nd offense (Martinsburg, WV)

Result: Dismissed by court upon lack of credible independent officer investigation via 911 BOLO of “..red Chevy Cavalier that hit a guardrail”). Officer sees a red Cavalier and immediately stops vehicle. No improper driving by client or any damage to her vehicle.

Dismissed

DUI 1st (St. Mary’s, WV)

State v. T.B. – DUI 1st (St. Mary’s, WV)

Result: Dismissed by state – participated in holiday program community service in exchange for dismissal which saved job/career.

Dismissed

DUI Felony Fleeing / Attempted Murder by Vehicle (Romney, WV)

State v T.F. – DUI felony fleeing / Attempted Murder by vehicle (Romney, WV)

Result: All charges dismissed but felony fleeing DUI, with 3 years, no jail, house arrest.

Dismissed

DUI 1st (Morgantown, WV)

City of Morgantown v. K.O. – DUI 1st offense (Morgantown, WV)

Result: Case dismissed by city upon establishing my client never drove post returning to her vehicle.

Dismissed

DUID 1st (West Virginia)

State v. G.W. DUID 1st offense (prescription drug)

Result: Case dismissed by state upon establishing no impairment with no impairing medication taken.

Dismissed

DUI 1st (Morgantown, WV)

State v. J.C. DUI 1st offense – (Morgantown, WV)

Result: Case dismissed by state upon establishing engine running for winter time heat but car was never moved/driven.

Dismissed

DUI 1st (Morgantown, WV)

State v. M.W. – DUI 1st offense. (Morgantown, WV)

Result: Case dismissed by state upon establishing my client never drove post drinking.

Not Guilty

DUI 1st. (Martinsburg, WV)

City of Martinsburg v. M.P. – DUI 1st. (Martinsburg, WV)

Result: Jury – Not Guilty.

Dismissed

DUID 1st offense (Charles Town, WV)

State v. N.G. – DUID 1st offense. (Charles Town, WV)

Result: Dismissed by court for lack of lawful stop at motion hearing.

Charge Reduced

Aggravated DUI 1st (Morgantown, WV)

Aggravated DUI 1st. (Morgantown, WV)

Result: Re-filed as a reckless operation by state that saved career, conditioned upon 10.5 months interlock, community service and period probation.

Dismissed

.08 DUI Causing Death case (Clarksburg, WV)

State v. D.C. – .08 DUI Causing Death case. (Clarksburg, WV)

Result: Case dismissed upon Counsel establishing his client did not cause the accident or the decedent’s death.

Reduced to Misdemeanor

.14 Felony DUI Causing Death Case (Martinsburg, WV)

State v. J.M. – .14 felony DUI Causing Death case. (Martinsburg, WV)

Result: After 18 months and dozens of hearings, where Counsel picked apart the state’s case, a plea agreement to misdemeanor DUI 1st offense and misdemeanor negligent homicide with 18 months, no jail, house arrest.

Dismissed

DUI 1st (West Virginia)

State v. B.G. – DUI 1st.

Result: Case dismissed by state upon establishing alleged BAC too low to prosecute per statute / unlawful arrest.

Dismissed

DUI 1st (Martinsburg, WV)

City of Martinsburg v. S.J. DUI 1st offense – (Martinsburg, WV)

Result: Case dismissed by city upon establishing via witness that he was a passenger not driver.

Dismissed

DUI 1st (Morgantown, WV)

State v. M.W. – DUI 1st offense. (Morgantown, WV)

Result: Case dismissed by state upon establishing my client never drove post drinking.

Dismissed

DUI 1st (Morgantown, WV)

State v. M.W. – DUI 1st offense. (Morgantown, WV)

Result: Case dismissed by state upon establishing my client never drove post drinking.