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I was in an accident roughly 1 month ago in WV with a

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passenger. We were both injured...
I was in an accident roughly 1 month ago in WV with a passenger. We were both injured but no ticket or citations were given at the scene. Now I am hearing I may be served with a felony summons for dui with bodily injury. Again no breathalyzer, field test or blood were taken. First question is how can I be served this summons when no dui tests administered? Second question is how do I find out if this summons exists?
Submitted: 25 days ago.Category: Legal
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3/25/2018
Lawyer: Zoey, JD, Attorney replied 25 days ago
Zoey, JD
Zoey, JD, Attorney
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Satisfied Customers: 29,986
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 25 days ago

First question is how can I be served this summons when no dui tests administered?

DUIs can also be charged under the common law. It doesn't require an expert or scientific data to spot the signs of intoxication. People are capable of recognizing someone who's drunk and their testimony as to what they observed is admissible evidence. It makes the state's job harder to get a conviction without tests and a breathalyzer, but there will be witnesses who will attest to having seen red or glazed eyes, smelled alcohol, heard slurred speech, unsteady gait, etc. And, depending on how conivincing they are on the stand these witnesses could be believed by a jury.

Second question is how do I find out if this summons exists?

You'll be the first to know because such a summons would have to be served on you. You could call the police, but as a suspect/defendant that's never a good idea. You could also start calling the court where the case would have to be filed every couple of weeks to find out if there's a case against you yet and a court date for you to attend.

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Lawyer: Zoey, JD, Attorney replied 24 days ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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