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Current as of January 01, 2024 | Updated by Findlaw Staff
Notwithstanding any other provision of this code to the contrary, a person authorized by law to operate a school bus, as that term is defined in section seven, article one, chapter seventeen-c, may submit a complaint directly to a magistrate without first presenting the complaint to the prosecuting attorney or other law-enforcement agency, if the complaint is based upon a violation of subsection (a), section seven, article twelve, chapter seventeen-c.
The complaint shall be in the form of a written statement of the essential facts constituting the offense charged. The complaint shall be presented to and sworn before a magistrate in the county where the offense is alleged to have occurred.
If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant committed it, a warrant for the arrest of the defendant shall be issued to any officer authorized by law to arrest persons charged with offenses against the state.
Cite this article: FindLaw.com - West Virginia Code Chapter 17C. Traffic Regulations and Laws of the Road § 17C-12-9. School bus drivers may present complaint directly to magistrate - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-17c-traffic-regulations-and-laws-of-the-road/wv-code-sect-17c-12-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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