West Virginia House Bill 4529 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on February 12 2016 - 25% progression, died in committee
Action: 2016-02-12 - To House Roads and Transportation
Pending: House Roads & Transportation Committee
Text: Latest bill text (Introduced) [HTML]

The purposes of this bill are as follows: (1) To provide that the DMV may not stay a revocation for DUI if the driver has a stay of a previous revocation for DUI or if DMV receives notice of a conviction from a court for an additional offense while the case is pending for hearing before the Office of Administrative Hearings; (2) to require that a person wishing to contest a DUI must assert “sufficient grounds” in his or her hearing request upon which the case may be contested. (The current statute only requires that a person must submit a written objection to the revocation within 30 days from receipt of the revocation order); (3) to provide that the exclusionary rule applicable in criminal cases does not apply in administrative revocation proceedings due to such proceedings being civil in nature; (4) to delete the requirement that the Office of Administrative Hearings make a finding that a person was lawfully arrested for DUI as a prerequisite to deciding a case and issuing a final order and, (5) to delete the requirement that the Office of Administrative Hearings must find whether a person was lawfully placed under arrest when the person is alleged to have refused to submit to the secondary chemical test while substituting language that the person was “lawfully directed” to submit to the test. .

Providing that the Division of Motor Vehicles may not stay a revocation for D.U.I. if the driver had a stay in place for a pending contested revocation

Del. Marty Gearheart [R]

Date	Chamber	Action
2016-02-12	House	To House Roads and Transportation
2016-02-12	House	Introduced in House
2016-02-12	House	To Roads and Transportation then Judiciary
2016-02-12	House	Filed for introduction

Chapter	Article	Section	Citation Type	Statute Text
17C	5A	2	Amended Code	Citation Text

Type	Source
Summary	http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=4529&year=2016&sessiontype=RS&btype=bill
Text	http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4529%20intr.htm&yr=2016&sesstype=RS&i=4529