reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-4. Obedience to Traffic-Control Devices; Official Signs to Be in Proper Position, etc.; Penalty

(a) The driver of any vehicle and the operator of any streetcar shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
(c) No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-4a. Obedience to Traffic-Control Instructions at Site of Street or Highway Construction or Maintenance; Penalty

(a) The driver of any vehicle shall obey the traffic-control instructions of any law-enforcement officer or persons authorized by the commissioner of highways or by proper local authorities to operate traffic-control devices, act as flagmen or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of regulating, warning or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(b) Any person failing to comply with the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-4b. Traffic Violations in Construction Zones; Posting Requirement; Criminal Penalty

(a) Where street or highway construction work is being conducted, signs and other traffic control devices, as adopted in section one, article three, chapter seventeen-c of this code, shall be posted giving the location of the work and notifying all motorists as to the speed limit and any other traffic restrictions.
(b) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in subsection (a) of this section by less than fifteen miles per hour is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $200.
(c) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in subsection (a) of this section by fifteen miles per hour or more is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $200 or confined in a regional jail not more than twenty days, or both.
(d) Nothing in this section shall be construed to preclude prosecution of any operator of a motor vehicle who commits a violation of any other provision of this code for such violation.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-6. Pedestrian Walk and Wait Signals; Penalty

(a) Whenever special pedestrian-control signals exhibiting the words "Walk" or "Wait" are in place such signals shall indicate as follows:
(1) Walk. -- Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(2) Wait. -- No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-7. Flashing Signals

Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows:
(1) Flashing red (stop signal). — When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign.
(2) Flashing yellow (caution signal). — When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
(3) Local authorities, in areas that experience low traffic times, may permit flashing signals between the hours of eleven o’clock p.m. and six o’clock a.m.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-8. Display of Unauthorized Devices, Signs, etc.; Such Devices, etc., Declared Nuisance and Subject to Removal

(a) No local authority or person shall place, maintain, or display upon or in view of any highway any unauthorized traffic- control device or traffic-control signal, or any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic-control device bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highway of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(b) Every such prohibited device, signal, sign or marking is hereby declared to be a public nuisance and the state road commissioner or other authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-9. Interference With Official Traffic-Control Devices or Railroad Signs or Signals

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 3. Traffic Signs, Signals and Markings › §17C-3-10. Interference With Official Traffic-Control Devices by Infrared or Electronic Devices

(a) The possession or use of a mobile infrared transmitter (MIRT), or any type of infrared or electronic device capable of changing a traffic control signal, by anyone other than the operator of an authorized emergency vehicle, is prohibited.
(b) Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in the county or regional jail not more than three days, or both; and upon a second conviction thereof, shall be fined not more than $1,000 or confined in the county or regional jail not more than six days, or both; and upon a third or subsequent conviction thereof, shall be fined not less than $500 nor more than $2,500 or confined in a county or regional jail one year, or both.
(c) Notwithstanding the provisions of subsection (a) of this section, any person convicted of a violation of subsection (a) of this section which results in physical injury to another shall be guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not less than one nor more than three years or fined not more than $5,000, or both.
(d) The provisions of this section shall not apply to any device which simply makes a vehicle visible or its presence known to a sensor which triggers the changing of a traffic light after the vehicle operator has complied with the traffic signal indication.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-2. Crashes Involving Damage to Vehicle

The driver of any vehicle involved in a crash resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such crash until he has fulfilled the requirements of section three of this article. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances is guilty of a misdemeanor and, subject to the penalties prescribed in section one, article eighteen of this chapter.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-3. Duty to Give Information and Render Aid

(a) (1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall, if physically able to do so, provide to the person struck or the driver or occupant of or person attending any vehicle collided with, the following:
(A) His or her name, a valid telephone number where he or she may be contacted and the year, make, model and last four digits of the vehicle identification number of the vehicle he or she is driving; and
(B) Proof of security and financial responsibility required by section three, article two-a, and section two, article four, chapter seventeen-d of this code, and if provided by insurance, the information provided upon the certificate of insurance, including the name of the insured, the name and contact information of the insurer and insurance policy number.
(2) A driver may meet the requirements of this subsection by providing the information required herein to a law-enforcement officer who is investigating or providing assistance at the scene of the collision, who shall, if practical under the circumstances, provide the information to any person entitled thereto pursuant to this subsection.
(b) The driver of any vehicle involved in a crash resulting in injury to or death of any person, if physically able to do so, shall render to any person injured in such crash reasonable assistance, including the carrying, or the making arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-4. Duty Upon Striking Unattended Vehicle

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-5. Duty Upon Striking Fixtures Upon a Highway

The driver of any vehicle involved in a crash resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request and if available exhibit his or her driver's license and shall make report of such crash when and as required in section seven of this article. Any person failing to make the notification required by this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $150.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-6. Immediate Notification of Crashes

The driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication, give notice of such crash to the local police department if such crash occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the West Virginia State Police.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-7. Reports of Crashes

(a) Every law-enforcement officer who, in the regular course of duty, investigates a motor vehicle crash occurring on the public streets or highways of this state resulting in bodily injury to, or death of, any person or total property damage to an apparent extent of $1,000 or more shall, either at the time of and at the scene of the crash or thereafter by interviewing participants or witnesses, within 24 hours after completing such investigation, prepare a report of such crash either electronically or in writing.
(b) Within 24 hours of a motor vehicle crash, the investigating law-enforcement officer shall provide the owner, operator, and insurance information upon request for all the involved parties to each of the other involved parties, and to each partys respective insurance agents. This information shall be made available, at no cost, whether or not the accident report has been completed.
(c) The investigating law-enforcement officer shall submit the report electronically or in writing within 24 hours after completing the investigation to the Division of Highways in the form and manner approved by the Commissioner of the Division of Highways, the Superintendent of the West Virginia State Police, and the Commissioner of the Division of Motor Vehicles. The Division of Highways shall supply electronic or paper copies of the form to police departments, sheriffs, and other appropriate law-enforcement agencies.
(d) In the event that the investigating law-enforcement officer cannot complete the investigation within 10 days of the crash, he or she shall submit a preliminary report of the crash to the Division of Highways on the 10th day after the crash and submit the final report within 24 hours of completion of the investigation pursuant to subsection (c) of this section.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-8. When Driver Unable to Report

Whenever the driver of a vehicle is physically incapable of making an immediate notification of a crash as required in section six of this article and there was another occupant in the vehicle at the time of the crash capable of making a notification, such occupant shall make or cause to be made said notification not made by the driver.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-9. Crash Report Forms

(a) The Division of Highways shall prepare and upon request supply to the State Police, municipal police departments, sheriffs, Division of Natural Resources, and other suitable agencies or individuals, electronic or paper forms for crash reports required hereunder.
(b) The format of the crash reports shall provide sufficiently detailed information to disclose with reference to a traffic crash the cause, conditions then existing, and the persons and vehicles involved.
(c) Every crash report required to be made shall be made in the appropriate form provided by the Division of Highways and shall contain all of the information required therein unless not available.
(d) Every such report shall also contain information sufficient to enable the Commissioner of Motor Vehicles to determine whether the requirements for security upon motor vehicles is in effect in accordance with chapter seventeen-d of this code.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-10. Penalty for Failure to Notify Law Enforcement

The commissioner may suspend the driver's license or permit to drive and any nonresident operating privileges of any person failing to notify law enforcement of a crash as herein provided under section six of this article. Any person convicted of failing to notify law enforcement as required herein shall be punished as provided in section one, article eighteen of this chapter.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-11. Coroners to Report on Crash Victims

Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the Division of Highways the death of any person within his or her jurisdiction during the preceding calendar month as the result of a traffic crash giving the name of the victim, the date, time and place of the crash and the circumstances relating thereto.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-12. Garages to Report Bullet Damage

The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet, shall report to the local law-enforcement agency within twenty-four hours after such motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of such vehicle.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-15. Any Incorporated City, Town, etc., May Require Crash Reports

Any incorporated city, town, village or other municipality may by ordinance require that the driver of a vehicle involved in a crash shall file with a designated city department a report of such crash. All such reports shall be for the confidential use of the city department.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-16. Crashes Involving State and Municipal Property; Reports to Be Provided

Whenever a report of a motor vehicle crash prepared by a member of the West Virginia State Police, natural resources police officer of the Division of Natural Resources, a member of a county sheriff's department or a municipal police officer, in the regular course of their duties, indicates that as a result of the crash damage has occurred to any bridge, sign, guardrail or other property, exclusive of licensed motor vehicles, a copy of the report shall, in the case of property belonging to the Division of Highways, be provided to the Commissioner of the Division of Highways, and, in the case of property belonging to a municipality, be provided to the mayor of that municipality. The copies of the reports shall be provided to the commissioner or mayor, as applicable, without cost to them.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 4. Accidents › §17C-4-17. Notification of Landowner When Accident Damages Livestock Fence

Whenever a member of the West Virginia State Police, Natural Resources police officer, a member of a county sheriffs department, or a municipal police officer, in the regular course of their duties, reports on a crash that causes damage to any fence that could contain livestock, that officer must make a reasonable attempt following the accident to contact either the landowner or any known lessee of the land to alert the landowner or lessee of the fence damage.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-1. Negligent Homicide; Penalties

(a) When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle anywhere in this state in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent homicide.
(b) Any person convicted of negligent homicide shall be punished by imprisonment for not more than one year or by fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment.
(c) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of negligent homicide.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-2a. Definition of Phrase in This State ; Phrases Synonymous With Driving Under the Influence of Alcohol; Validation of Warrants and Indictments

(a) For purposes of this article and 17C-5A-1
et seq
. of this code, the phrase "in this state" shall mean anywhere within the physical boundaries of this state, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel, but as used in 17C-5-2(e), 17C-5-2(f), 17C-5-2(g), 17C-5-2(h), 17C-5-2(i), 17C-5-2(j), and 17C-5-2(k) of this code, the term does not mean or include driving or operating a vehicle solely and exclusively on ones own property in an area not open to the use of the public for purposes of vehicular travel.
(b) When used in this code, the terms or phrases "driving under the influence of intoxicating liquor", "driving or operating a motor vehicle while intoxicated", "for any person who is under the influence of intoxicating liquor to drive any vehicle", or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase "while under the influence of alcohol ... drives a vehicle" as the latter term or phrase is used in 17C-5-2 of this code.
(c) From and after the effective date of this section, a warrant or indictment which charges or alleges an offense, prohibited by 17C-5-2 of this code, and which warrant or indictment uses any of the terms or phrases set forth in subsection (b) of this section, shall not thereby be fatally defective if such warrant or indictment otherwise informs the person so accused of the charges against said person.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-3. Reckless Driving; Penalties

(a) Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the state park and public recreation system established by the Director of the Division of Natural Resources pursuant to section three, article four, chapter twenty of this code in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) The provisions of subsection (a) of this section shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the state park and recreation system for exclusive use by motorcycles or other recreational vehicles.
(c) Every person convicted of reckless driving is guilty of a misdemeanor and, upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than ninety days, or fined not less than $25 nor more than $500, or both, and upon conviction of a second or subsequent conviction thereof, shall be confined in jail not less than ten days nor more than six months, or fined not less than $50 nor more than $1,000, or both.
(d) Notwithstanding the provisions of subsection (c) of this section, any person convicted of a violation of subsection (a) of this section who in doing so proximately causes another to suffer serious bodily injury shall, upon conviction, be confined in jail not less than ten days nor more than six months or fined not less than $50 nor more than $1,000, or both.
(e) For purposes of subsection (d) of this section, "serious bodily injury" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-5. Preliminary Analysis of Breath to Determine Alcoholic Content of Blood

When a law-enforcement officer has reason to believe a person has committed an offense prohibited by section two of this article or by an ordinance of a municipality of this state which has the same elements as an offense described in said section two of this article, the law-enforcement officer may require such person to submit to a preliminary breath analysis for the purpose of determining such person's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer has a reasonable belief that the person has been driving while under the influence of alcohol, controlled substances or drugs. Any preliminary breath analysis required under this section must be administered with a device and in a manner approved by the department of health for that purpose. The results of a preliminary breath analysis shall be used solely for the purpose of guiding the officer in deciding whether an arrest should be made. When a driver is arrested following a preliminary breath analysis, the tests as hereinafter provided in this article shall be administered in accordance with the provisions thereof.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §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

Only a doctor of medicine or osteopathy, or registered nurse, or trained medical technician at the place of his or her employment, acting at the request and direction of the law-enforcement officer, may withdraw blood to determine the alcohol concentration in the blood, or the concentration in the blood of a controlled substance, drug, or any combination thereof. These limitations shall not apply to the taking of a breath test. In withdrawing blood to determine the alcohol concentration in the blood, or the presence in the blood of a controlled substance, drug, or any combination thereof, only a previously unused and sterile needle and sterile vessel may be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. A nonalcoholic antiseptic shall be used for cleansing the skin prior to venapuncture. The person tested may, at his or her own expense, have a doctor of medicine or osteopathy, or registered nurse, or trained medical technician at the place of his or her employment, of his or her own choosing, administer a chemical test in addition to the test administered at the direction of the law-enforcement officer. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law-enforcement officer shall be made available to him or her. No person who administers any such test upon the request of a law-enforcement officer as herein defined, no hospital in or with which such person is employed or is otherwise associated or in which such test is administered, and no other person, firm or corporation by whom or with which such person is employed or is in any way associated, shall be in any way criminally liable for the administration of such test, or civilly liable in damages to the person tested unless for gross negligence or willful or wanton injury.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-9. Right to Demand Test

Any person lawfully arrested for driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs shall have the right to demand that a sample or specimen of his or her blood or breath to determine the alcohol concentration of his or her blood be taken within two hours from and after the time of arrest and a sample or specimen of his or her blood or breath to determine the controlled substance or drug content of his or her blood, be taken within four hours from and after the time of arrest, and that a chemical test thereof be made. The analysis disclosed by such chemical test shall be made available to such arrested person forthwith upon demand.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-10. Fee for Withdrawing Blood Sample and Making Urine Test; Payment of Fees

A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test at the request and direction of a law-enforcement officer in accordance with the provisions of this article. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of section two of this article, the county having venue of such charge shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the General Fund of said county. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of a similar ordinance of any municipality, said municipality shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the General Fund of said municipality.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-11. Municipal Ordinances to Contain Same Elements as Offenses Under This Article; Penalties in Municipal Ordinances Required to Conform to State Penalties

(a) Notwithstanding the provisions of section five, article twelve, chapter eight of this code, on and after September 1, 1983, each and every municipal ordinance defining a misdemeanor offense of or relating to driving under the influence of alcohol or driving under the influence of intoxicating liquor or otherwise prohibiting conduct made unlawful by this article shall be null and void and of no effect unless such ordinance defines such an offense in substantially similar terms as an offense defined under the provisions of this article and such offense contains the same elements as an offense defined herein.
(b) Notwithstanding the provisions of section one, article eleven, chapter eight of this code, on and after August 1, 1983, each and every municipal ordinance defining a misdemeanor offense of or relating to driving under the influence of alcohol or driving under the influence of intoxicating liquor or otherwise prohibiting conduct made unlawful by this article shall prescribe the same penalty for such offense as is prescribed for an offense under this article containing the same elements.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5. Serious Traffic Offenses › §17C-5-12. Report to the Legislature

On or before December 31, 2020, the Bureau for Public Health shall submit to the Joint Committee on Government and Finance a report that includes the following:
(1) Recommendations for the minimum levels of those drugs or controlled substances contained in 17C-5-8(d) of this code, that must be present in a persons blood in order for the test to be admitted as prima facie evidence that the person was under the influence of a controlled substance or drug in a prosecution for the offense of driving a motor vehicle in this state; and
(2) Recommendations for the minimum levels of those drugs or controlled substances contained in 17C-5-8(d) of this code, that laboratories approved to test blood for drug or controlled substance content can reliably identify and measure for the concentrations of drugs, controlled substances and their metabolites, in blood.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs › §17C-5A-1. Report to Be Submitted to Commissioner Following Arrest for Driving Under the Influence of Alcohol, Controlled Substances, or Drugs or Refusal to Submit to Secondary Chemical Test; Report to the Court

(a) Any law-enforcement officer investigating a person for an offense described in 17C-5-2 of this code, or for an offense described in a municipal ordinance which has the same elements as an offense described in said section, shall report to the Commissioner of the Division of Motor Vehicles by written statement within 48 hours of the conclusion of the investigation the name and address of the person believed to have committed the offense. The report shall include the specific offense with which the person is charged and, if applicable, a copy of the results of any secondary tests of blood, breath, or urine. The signing of the statement required to be signed by this subsection constitutes an oath or affirmation by the person signing the statement that the statements contained in the statement are true and that any copy filed is a true copy. The statement shall contain upon its face a warning to the officer signing that to willfully sign a statement containing false information concerning any matter or thing, material or not material, is false swearing and is a misdemeanor.
(b) After receiving the report required by subsection (a) of this section, the Commissioner of the Division of Motor Vehicles shall immediately submit, to the court with jurisdiction over the criminal offense, a full and complete record of the following:
(1) Any prior suspensions or revocations of the persons license to operate a motor vehicle under 17C-5-2, 17C-5-2b, or 17C-5-7a of this code; or
(2) Any conviction or term of conditional probation imposed under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in 17C-5-2 of this code.
(c) The amendments made to this section during the 2020 regular session of the Legislature shall become effective on July 1, 2020.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs › §17C-5A-2a. Assessment of Costs; Special Account Created

The Division of Motor Vehicles is hereby authorized and required to assess witness costs at the same rate as witness fees in circuit court and a docket fee of $15 for each hearing request against any person filing a request for a hearing under section two of this article who fails to appear, fails to have said order rescinded or fails to have said order modified to a lesser period of revocation. The Division of Motor Vehicles may adjust this fee every five years on September 1, based on the U. S. Department of Labor, Bureau of Labor Statistics most current Consumer Price Index: Provided, That an increase in such fee may not exceed ten percent of the total fee amount in a single year.
All fees and costs collected hereunder shall be paid into a special revenue account in the State Treasury: Provided, That on and after July 1, 2007, any unexpended balance remaining in the special revolving fund shall be transferred to the Motor Vehicle Fees Fund created under the provisions of section twenty-one, article two, chapter seventeen-a of this code and all further fees and costs collected shall be deposited in that fund. A portion of the funds in the Motor Vehicle Fees Fund may be used to pay or reimburse the various law-enforcement agencies at the same rate as witnesses in circuit court for the travel and appearance of its officers before the commissioner or authorized deputy or agent pursuant to a hearing request under the provisions of this article. The department shall authorize payment to the law-enforcement agencies from said account as the fees for a particular hearing request are received from the person against whom the costs were assessed. The department shall authorize transfer to an appropriate agency account from the Motor Vehicle Fees Fund to pay costs of registered and certified mailings and other expenses associated with the conduct of hearings under this article as the docket fee for a particular hearing request is received from the person against whom the costs were assessed.
In the event judicial review results in said order being rescinded or modified to a lesser period of revocation the costs assessed shall be discharged.
The provisions of this section enacted in 2017 take effect on July 1, 2017.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs › §17C-5A-2b. Administrative Hearing, Revocation, and Review Process Terminated on July 1, 2020

Notwithstanding any other provision of this code:
(1) The provisions of 17C-5A-2 of this code apply only to proceedings arising from offenses occurring on or before June 30, 2020; and
(2) The provisions of 17C-5A-2 of this code have no force or effect beginning on the date when the Office of Administrative Hearings terminates, pursuant to 17C-5C-1a of this code.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs › §17C-5A-4. Search for Record of Prior Offenses by Driver

The commissioner shall immediately upon receipt of the statements required by section seven, article five of this chapter and section one of this article record the date and time of day of the receipt of such statements and shall forthwith cause a search of the appropriate records of the department to be made for any record of prior offenses under this article and such commissioner shall immediately report to the officer making such statement an abstract showing any such prior offense, the date thereof, the identity of any court in which any proceedings in regard thereto were instituted and the disposition thereof.
Any law-enforcement officer who fails to file the statements required by this chapter within forty-eight hours of the arrest of any person charged for any violation of section two, article five of this chapter or for any offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five, shall be guilty of a misdemeanor and, shall be subject to a fine of not less than $20 nor more than $500. And if the commissioner shall willfully fail to post by United States mail or other adequate means of communication a written report addressed to the law-enforcement officer of any such offense, as required by this section, within a period of forty-eight hours after the receipt of the statement, the commissioner shall be guilty of a misdemeanor and, shall be subject to a fine of not less than $20 nor more than $500.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5B. Postmortem Tests for Alcohol in Persons Killed in Motor Vehicle Accidents › §17C-5B-1. Blood Test for Alcohol in Drivers and Adult Pedestrians Killed in Motor Vehicle Accidents; Time Limit for Conducting Test; Who May Conduct Test; Express Consent to Withdraw Blood From Dead Body Granted; Granting Civil and Criminal Immunity to Person Conducting Test; Fee for Test

When any motor vehicle driver or adult pedestrian dies in a motor vehicle accident in this state or dies within four hours after having been involved in a motor vehicle accident in this state, the physician in attendance, or law- enforcement officer having knowledge of such death, or the funeral director, or any other person present when such death occurred, shall immediately report such death to the medical examiner of the county in which such death occurred. Upon receipt of such notice, the medical examiner shall take charge of the dead body and shall conduct, or shall cause to be conducted, within twelve hours after receiving such notice and before the dead body is embalmed, a blood test to determine the presence and percentage concentration of alcohol in the blood of such dead body.
The blood test required under this section shall be conducted only by a person qualified to conduct an autopsy under article twelve, chapter sixty-one of this code or by a doctor of medicine, doctor of osteopathy, registered nurse, trained medical technician at the place of his employment or county coroner who is deemed qualified by the office of medical examinations to conduct such blood test.
Any person who is to conduct a blood test under the provisions of this section is hereby expressly authorized to withdraw blood from the dead body in the quantity necessary to conduct such blood test. Any person withdrawing blood from the dead body and testing such blood and any hospital or clinic in which such blood is withdrawn and tested under the provisions of this section shall be immune from all civil and criminal liability which might otherwise be imposed.
Any person conducting a blood test under the provisions of this section shall receive a standardized fee in the amount determined by the office of medical examinations, which fee shall be paid from funds appropriated to the office of medical examinations.
Nothing contained in this section shall be construed to preclude the taking of a blood test by any other person having the right to take any such test or cause such test to be taken while the medical examiner has charge of the body.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5B. Postmortem Tests for Alcohol in Persons Killed in Motor Vehicle Accidents › §17C-5B-2. To Whom and How County Medical Examiners Report Results of Blood Tests; Such Reports Admissible as Evidence; Use of Reports Only for Statistical and Highway Safety Purposes

Each county medical examiner shall immediately report the results of each blood test conducted under the authority of section one of this article by him or conducted at his request, to the chief medical examiner of the office of medical examinations and to the department of public safety. Results of such blood test or any report thereof may be admissible in evidence, if material, in any action or proceeding of any kind in any court or before any tribunal, board, or agency.
The department of public safety shall compile the data from all such reports submitted to it on a monthly basis. The department shall forward such compilations to the Governor's highway safety administration and the department of motor vehicles. Such compilations shall be for statistical purposes and highway safety information and be disclosed or revealed in any manner necessary. The identity of any dead person whose blood was tested under the provisions of section one of this article may be disclosed or revealed when necessary for evidence in any action or proceeding of any kind in any court or before any tribunal, board or agency.
The department of public safety, the Governor's highway safety administration and the department of motor vehicles shall make use of such compilations in a manner to provide accurate and useful statistical information to government and the public relative to achieving a reduction in motor vehicle accidents arising in whole or in part from the imbibing of alcohol by motor vehicle drivers and adult pedestrians.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5D. Open Container Laws › §17C-5D-1. Purpose

The purpose of this article is to avoid the imposition of sanctions against this state and the loss of federal-aid highway construction funds under section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. §154), as amended, which requires states to enact and enforce a law that prohibits the consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent to a public highway.
2023 West Virginia Code › Chapter 17C. Traffic Regulations and Laws of the Road › Article 5D. Open Container Laws › §17C-5D-2. Definitions

For the purposes of this article, the words or terms defined in this article have the meanings ascribed to them:
(a) "Alcoholic beverage" means:
(1) Alcoholic liquor as defined in section five, article one, chapter sixty of this code; and
(2) Nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code.
(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail or rails.
(c) "Open alcoholic beverage container" means any bottle, can or other receptacle that:
(1) Contains any amount of alcoholic beverage; and
(2)(A) Is open or has a broken seal; or
(B) Has had its contents partially removed.
(d) "Passenger area of a motor vehicle" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions. For purposes of this article, the passenger area of a motor vehicle does not include:
(1) (A) A locked glove compartment; or
(B) A fixed center console or other similar fixed compartment that is locked;
(2) In a motor vehicle that is not equipped with a trunk;
(A) The area behind the last upright seat; or
(B) An area not normally occupied by the driver or a passenger; or
(3) In a pickup truck that has no trunk, camper top or separate enclosed area other than the cab of the truck, in the area behind the front seat of the truck in a locked case or container located so as to not be readily accessible to the driver or passengers while in their seating positions.
(e) "Public highway or right-of-way of a public highway" means the entire width between and immediately adjacent to the boundary lines of every way that is publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.