Today the Senate Judiciary Committee of the West Virginia Legislature is hearing evidence on proposed legislation that would reign in the WV Division of Motor Vehicles and their rampant disregard for the due process of rights of those accused of DUI in West Virginia.  The Charleston Gazette had an article this morning on the hearings.  In West Virginia, DUI charges take two different routes: a criminal action against the defendant personally, and then a civil action against the accused’ driver’s license.  In these civil hearings, there is a notorious lack of fairness and due process rights accorded to the driver.  The proposed legislation attempts to create more fairness in the process.  Though extremely late notice was given regarding today’s hearing, several criminal defense attorneys from around the state who defend DUI’s in West Virginia, have been invited to speak to the committee.  Let’s wish them luck and encourage the Legislature to enact this legislation.  

We should always err on the side of freedom and liberty – and never on the side of tyranny.  Besides, less government is always better….

 – John H. Bryan, West Virginia Attorney.