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Author Archives: Troy N. Giatras

Is Drugged Driving Overtaking Drunk Driving in West Virginia?

Earlier this year, the Governors Highway Safety Association sounded an alarm when it cited national data indicating that driving under the influence of drugs was becoming a greater threat to public safety than driving under the influence of alcohol. According to the nonprofit association, the most recent national data indicate that drugs were present in… Read More »

When Is the State Liable for a Crash Due to Unsafe Road Conditions?

West Virginia may be famous for country roads, but that doesn’t mean those roads are always safe to drive on.  When you’re involved in an accident because road conditions are unsafe, who is responsible for your injuries and property damage? When is it possible to sue the state for damages? The first element an injured… Read More »

West Virginia’s Tough Implied Consent Law for DUI

Many states have implied consent laws stating that a motorist driving on public roads has tacitly agreed to take a chemical test for alcohol after an arrest for DUI. Refusing to take the test generally results in an automatic suspension of the person’s driver’s license. West Virginia has one of the strictest implied consent laws… Read More »

What Is the Difference Between a Felony and a Misdemeanor in West Virginia?

In many states, criminal offenses are divided into categories based on the seriousness of the offense and the severity of the punishment. In West Virginia, felonies are serious crimes that call for incarceration in state prison for at least one year along with a possible fine. Misdemeanors, in comparison, are also serious offenses, but get… Read More »

Wrong-Way Driving Causes Deadliest Highway Crashes

A crash on I-77 in West Virginia last March that took the lives of two women and two young girls was an apparent example of the most dangerous accident scenario of all: wrong-way highway driving under the influence. These circumstances are rare, but when they occur, the result is often a deadly head-on collision between… Read More »

What Are Miranda Rights, and When Should They Be Read?

Anyone who has watched a TV crime drama has seen an officer deliver a warning to a suspect at the point of arrest that begins, “You have the right to remain silent,” and goes on to spell out other rights the suspect has. But why do police recite this warning? And at what point is… Read More »

Is a Tough Cellphone Law Behind WV’s Declining Collision Rate?

In 2013, West Virginia passed a tough distracted driver law that made it a primary offense for any driver to use a handheld cellphone or to engage in texting while driving. The law also made it a primary offense for novice drivers to use any kind of a cellphone. Fines were set at $100 for… Read More »

Questions to Ask Your Criminal Defense Lawyer

If you need a lawyer to defend you against criminal charges, you cannot afford to make the wrong choice. You must do your research on the person you’re considering to represent you. If you wouldn’t hire just anybody to remodel your house or work on your car, you certainly shouldn’t hire just anyone to protect… Read More »

Bicycle Safety and West Virginia’s “Share the Road” Policy

The state of West Virginia is absolutely one of the most beautiful places in the world.  As a result, there are people who enjoy mountain biking that come to tour our state.  Nationally, more than 12 pedestrian riders are killed in vehicle accidents, usually at the fault of the motorist. In West Virginia, Drivers are… Read More »

5 Safe Driving Tips for West Virginia’s Colder Seasons

The cold and wet is on the way here, and it’s about time to get ready for it.  By being prepared, you can save yourself from car accidents, getting stranded, and more.  Here are some tips to help you through the winter safely. Your car needs regular service, so get it done now. The worst… Read More »