17C-5-1 Negligent homicide; penalties
17C-5-2 Driving under influence of alcohol, controlled substances, or drugs; penalties
17C-5-2a Definition of phrase “in this state”; phrases synonymous with driving under the influence of alcohol; validation of warrants and indictments
17C-5-2b Deferral of further proceedings for certain first offenses upon condition of participation in Motor Vehicle Alcohol Test and Lock Program; procedure on charge of violation of conditions
17C-5-3 Reckless driving; penalties
17C-5-4 Implied consent to test; administration at direction of law-enforcement officer; designation of type of test; definition of “law-enforcement officer”
17C-5-5 Preliminary analysis of breath to determine alcoholic content of blood
17C-5-6 How blood test administered; additional test at option of person tested; use of test results; certain immunity from liability incident to administering test
17C-5-6a Taking a child into custody; driving a motor vehicle with any amount of blood alcohol
17C-5-7 Refusal to submit to tests; revocation of license or privilege; consent not withdrawn if person arrested is incapable of refusal; hearing
17C-5-8 Interpretation and use of chemical test
17C-5-9 Right to demand test
17C-5-10 Fee for withdrawing blood sample and making urine test; payment of fees
17C-5-11 Municipal ordinances to contain same elements as offenses under this article; penalties in municipal ordinances required to conform to state penalties
17C-5-12 Report to the Legislature
17C-5-7a Suspension of license to operate a motor vehicle for refusal of secondary test; refusal review hearing

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Terms Used In West Virginia Code > Chapter 17C > Article 5 - Serious Traffic Offenses

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.