Latest / Ask the Lawyer / 06/22/2023 Ask the Lawyer with Tom Peyton

Transcript

06/22/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

0:00
Our area's most beautiful properties deserved the finest realtors. Meeks Realty Group. We
0:04
focus on vin and selling residential and commercial properties throughout the Tristate area. Contact
0:09
Meeks Realty Group online at Meeks dot us or call three or four four four
0:13
zero one, one zero one. The views and opinions expressed on this program
0:18
do not necessarily reflect the views and opinions of five AD, WCHS, it's
0:22
employees or w VRC Media. Put the power of Payton on the side.
0:29
We have the courtroom experience that you need. We never give up. We're
0:36
prepared to fight for your rights. When you need action. Count on us.
0:44
Put the power of asion on your side, The power of eight twenty
0:50
one on five eight w chs the voice of Charleston, Good Thursday morning to
0:54
you. Eight twenty one on five eighty w c H asked the voice of
1:00
Charleston, good Thursday morning to you. I'm Jeff Jenkins and time for the
1:04
power Peyton. It's the Peyton Law Firm in Nitro, and Tom Peyton is
1:07
with us and the lines are open. Any questions you have about the law
1:11
and the number the call it's three or four, three, four or five
1:15
fifty eight fifty eight three or four three four or five fifty eight fifty.
1:19
Maybe you have a property issue you want to ask about. Maybe you have
1:22
an estate issue. Maybe you have an injury issue you want to ask about.
1:29
Tom is here to answer the call. Three or four three four five
1:33
fifty eight fifty eight Morning Tom, Good morning. How are you doing?
1:36
Great? Good? Glad to be here. It's been well, you were
1:38
off last time I was here, so I think Dale was in here,
1:41
and so it's been and then I've had your dad a couple of moneys.
1:42
Dad's been in a couple of weeks. Yeah, he's heading out of town
1:46
today to visit some friends. So I'm subbing in. But yeah, you
1:49
can call and ask anything you want here you go. If there's any Now,
1:53
you might not get any answer, but we'll do our very best.
1:57
But yeah, you kind of recited as of subject matter that we handle pretty
2:01
regular And if you don't want to call here on the radio, you can
2:06
always give us a call at the office. It's three oh four seven five
2:08
five five five five six, or go to our website at Payton Law Firm
2:12
dot com and you can submit an inquiry there and that goes that doesn't go
2:16
to some ken service or an answering service. And you can also leave us
2:23
a voicemail any time or a day or night, and generally those are emailed
2:25
to us automatically, so we can see it on our private computers if we're
2:30
not in the office, or our cell phones, but those go actually to
2:34
us, and we're the ones that actually respond. So if you need legal
2:38
information or just to have a general inquiry, we don't charge to respond to
2:43
those type email inquiries, and we never charge for a first phone call if
2:46
he just needs some information. But of course we do decent minded real estate
2:52
work, basic deed works, and a state planning a lot of a state
2:54
planning litigation, it seems like lately, which dovetails into kind of our bread
2:59
and butter, just all aspects of civil litigation for the most part, usually
3:02
on the plane of side, somebody's been harmed physically or even financially, and
3:09
you're fighting with an automobile insurance company or trying to figure out how to handle
3:15
any type of claim if you've been in an automobile accident. A lot of
3:19
times you don't need a lawyer sometimes, I mean actually a lot of calls
3:23
beget are about property damage. And you know, when you get a car
3:27
damaged, what are you entitled to from the person's insurance company that might have
3:30
rearended you, for example, And that's pretty well established, but people don't
3:36
understand. Then you have some your benefits under your own auto policy sometimes for
3:39
rental and things like that, and that's in the time of you know,
3:43
if you don't have a vehicle for a period of time and you need to
3:46
get back and forth to work. That's kind of the critical issue a lot
3:51
of times. And sometimes we can represent folks on property damage. Sometimes it
3:54
just gives. Most of the time we just give some information because there's just
3:58
not an avenue for a lawyer to get paid and still get the person enough
4:00
money to get their car fixed or get a replacement vehicle. But if you
4:06
have an automobile accident or a physical injury and you just want to ask some
4:12
questions and don't know whether you need a lawyer yet, that's you know,
4:15
don't hesitate to give us a call early on, because there are some mistakes
4:19
you can make that can make it real difficult for the lawyer later if we're
4:25
hired. You know, for example, if you don't. You know a
4:30
lot of times, and I equate it to like if you go work out
4:34
or do some yard work and you don't get sore. Oftentimes for you,
4:38
the next day you feel okay. It's the day after that that seem timing
4:45
issue happens with automobile accidents. So I'll see an awful lot of cases where
4:48
you know they're on the accident report. If you've ever had to look at
4:51
one or seen one, you know there's a officer because in check a box
4:56
there injury, no injury, possible injury, and then there's one more you
5:02
can check for more serious injuries. And oftentimes you'll say no injury because at
5:08
the time of the accident, you got your adrenaline going, You're not feeling
5:11
any pain. I think you're okay. So yeah, think I'm okay.
5:14
The officer he checks that box and so, and there's nothing wrong with that.
5:17
You can overcome that. But you also got to be careful about you
5:20
know, nobody most people I don't for sure like to go to the doctor.
5:25
But you also have to be careful about delaying. You know, if
5:28
you have some pain and it's lasting more than a few days, you know,
5:32
do you go to your doctor just to be checked out early on,
5:35
or do you delay and wait months and then try and go to the doctor
5:39
at that point, Well, that's nothing wrong with that. You don't live
5:41
your life for a automobile insurance claim, but it can make it difficult from
5:46
an evidence ary standpoint later trying to prove what you're saying is wrong with you
5:49
is related to the accident. So and then how you coordinate healthcare insurance versus
5:56
automobile insurance. Things like that are important things to kind of consult with a
6:00
lawyer about early on, even if it might be a claim that you know,
6:04
it doesn't make sense for the lawyer to for you to hire the attorney
6:08
or for the attorney to do the work. If it's a one you know,
6:12
you go to the doctor one time and just be checked out and you're
6:14
fine, and then I can kind of tell you, right, here's what
6:16
you can do with the claim. But it's probably not something we can assist
6:19
with because it's not going to make sense for the amount of time we need
6:23
to put in it, and it won't make any sense to the potential client
6:26
either, because they can do better just resolving it on their own. In
6:29
most circumstances. But now sometimes you haven't it and it's good to kind of
6:33
explain this every once in a while. We haven't for a while. Is
6:39
on the policy you have some under In short, you know, yes,
6:42
you have your you know the way you hear about third party claims and that's
6:46
when somebody else causes the automobile accident and so ultimately they're they're ensure is responsible
6:51
for paying you. You need to be what they call in legal terms,
6:56
made whole, meaning monetarily the best way possible. Well, you should be
7:00
putting the position you're in as if the accident didn't happen, and that's from
7:03
the other person that caused the accidents. Insurance. However, you also have
7:08
some benefits under your own automobile insurance and you reference underinsured motors coverage and that's
7:14
optional coverage that not everybody has to have in West Virginia, it's really good
7:17
to have it. So if you're I have so many clients that don't purchase
7:21
it, and then they're getting a really bad autobile accident and the person who
7:25
caused the accident has minimal coverage, for example, and there might have been
7:30
four or five people injured in the automobile accident, if you had multiple passengers
7:33
in your car, then they've got to divide all those funds and try and
7:35
pay their bills and take care of loss wages. And there's not enough money
7:40
there. And so you can say, well I want to see the person
7:43
that caused the accident. Well you have a right generally to do that,
7:46
but are they going to have money to pay? Is it makes sense to
7:49
litigate and try and get a judgment against somebody that already had the minimum amount
7:54
of automobile insurance. You can buy underinsured coverage, and what that does is
7:59
that ad on top of kind of what they call stacks, adds extra coverage
8:03
on top of what the person that caused the accident have. And so I
8:05
have so many people that come in that are in the situation where there isn't
8:11
enough insurance coverage for the person who caused the accident. They didn't they just
8:15
wish they would have purchased that Underinsured motorisc coverage is not real expensive normally,
8:18
and actually your agent or the insurance company that sells you the policy's supposed to
8:24
give you the option and tell you what the premiums are for certain levels of
8:28
coverage and you have to knowingly reject it if you don't want it, but
8:31
it's not mandatory that you have it. So now uninsured it's mandatory in West
8:37
Virginia. So if a driver hits you that does not have insurance, but
8:41
you do have automobile insurance on any car, then you're going to be covered
8:45
under that uninsured motorist coverage, which is kind of a weird concept because then
8:50
you're insurer steps into the shoes of the persons that cause the accident. Basically
8:54
you're kind of fighting your own insurance company and they're addressing whether that other person
8:58
was even at fault or not and that kind of thing. But but yeah,
9:01
and you've got some other types of coverages. But yeah, people,
9:05
of course, when you have an uninsured driver, it's like, well,
9:07
why should my insurance pay It's like, well, that's why you have that
9:09
coverage and somebody doesn't have enough coverage. Again, it's sometimes when my folks,
9:15
my clients don't have underinsured you just have to tell them, you know,
9:18
we can sue this person and hold out, but we're gonna have litigation
9:22
expenses and it's gonna take some time, and is it worth it? To
9:26
try and collect from them. And we're learning a little bit here in West
9:30
Virginia. You know, there's three aspects to every case civilly or most conventional
9:37
cases, which is one is somebody else at fault? To what do they
9:39
owe you? What are your damages? And three can you collect it?
9:43
And folks forget about the third part a lot of times, but lawyers don't
9:48
if they've been around for very long, because you can win all the cases
9:50
you want. If you're never going to get any recovery, then you know
9:54
you've done a lot of work and the client's gone through the trials and tribulations
9:58
of litigation never get anything. And you can see what we're seeing in the
10:03
headlines here the last couple of months is with their own governor, where we've
10:05
got a lot of litigation, and i'd say, from what I'm reading in
10:11
the paper, you know, ninety percent of this litigation against the governor or
10:13
is I guess families associated businesses is the third part, the collection part.
10:18
These folks that have sued have either already won or even there's been agreements to
10:24
pay money, so it's going to be enforced by the court. Now they're
10:28
going through the whole collection process of litigation, which can be an animal in
10:33
and of itself for certain, And that's what you're seeing here the last week
10:37
where a judgment creditor I think i've in Delaware is the court has a judgment
10:46
and multimillion dollars, although I think a lot of it was paid, and
10:52
now there's still maybe two million or a little less than two million old.
10:54
And so they're in the discovery phase of the collection part of the case where
11:00
asking I guess the governor or. I don't know if it's impersonally or it's
11:03
it's just the associated corporations or companies, but they're they're you know, they're
11:09
saying, hey, tell us where all your assets are and what they are,
11:13
and and we're going to try and collect by force. And that's what
11:18
then the governor's attorneys, or at least the company say. The Justice company's
11:22
attorneys filed a motion this week asking the judge, if the federal judge not
11:28
to require them to disclose detailed financial information, claiming it's confidential and he's particularly
11:35
susceptible to attack by I guess media or political opponents if they learn more details
11:41
about his finances, which, as I understand that the judge kind of summarily
11:46
dismissed that argument and said no. And of course the lawyers for the creditor
11:50
judgment creditor are pointing out, well, he can resolve this. He won't
11:54
have to give us any information if he just pays the one point eight million
11:58
dollars or whatever, and that may very well happen. The judge ruled him
12:03
favor of the judgment creditor and has given some deadline in the future. I
12:07
think a few weeks maybe for the information to be disclosed. I suspect that
12:11
will end up getting that debt will probably end up getting paid before they reach
12:18
that deadline. But I mean there is some disclosure. And Tom Peyton's with
12:22
us of the Peyton Law Firm, and night you again any questions about the
12:24
law. Tom is here to answer your questions. Three or four, three
12:26
four or five fifty eight fifty eight, three or four, three four or
12:31
five fifty fifty eight. There is going to be a disclose. Anybody that's
12:35
announced they're running for US Senate, the Senate requires you to disclose the information.
12:41
And the governor has asked for a ninety day to all extension to August
12:43
twenty fourth. I heard Brad this on MET and he's talking about that,
12:48
So yeah, and we'll see it. And I've looked at some federal financial
12:52
statements in the past out of curiosity. I can't remember how detailed that will
12:56
be. I mean, like if her because he's saying his kids run the
13:00
companies, but I think if he owned stock in them, still he's got
13:03
to disclose his stock interests. And and yeah, I had a little trouble
13:09
understanding the art, although I think probably because what they want in the lawsuit
13:15
with the judgment creditor, the creditor wants much more detailed. I mean,
13:20
they can really get down to personal property and really particular questions, you know,
13:26
questions geared towards where is this, where is this? And And so
13:31
I think probably that is requesting a little more detailed information than what he's required
13:37
to disclose. Because he's a candidate for US Senate. I'd as soon that
13:43
was the difference, because otherwise the argument wouldn't make a whole lot of sense.
13:46
You're gonna have to disclose it anyway, and you are running for public
13:50
office, and so you know, I think that full disclosure is what should
13:56
be required. I mean, I mean, everybody knows he's got seems to
14:01
have a pretty extreme wealth, at least by West Virginia standards, although apparently
14:07
considerable debt. I don't know. Well, we know it's below according to
14:09
FS, it's below seven hundred million, because that's where Brett Smith is,
14:13
so right, Yeah, so we're you know, and and they're probably fairly
14:18
accurate. Yeah, you know what his debt services and that kind of thing.
14:22
And then you know, you have corporations and LLCs and aren't technically him
14:26
personally, and so it gets really really complicated. But but yeah, I
14:31
mean I thought it was a little bit odd to say, you're running for
14:33
public office. Now if you had a private business deal or negotiating something,
14:37
and and you know, if if the the public, if it's publicized,
14:43
that exactly what your assets are, which might say your ability to pay,
14:46
and it's an imminent, you know, transaction. You know, the judge
14:50
might buy that and say well here, you know, you might might order,
14:56
for example, the debt or to give the information to the judgment creditor.
14:58
But they keep but secret and use it for their purposes only under what's
15:03
called a protective order. But running republic office I didn't. I don't see
15:07
that as being a very valid argument, and the judge obviously didn't either,
15:11
because I think he denied it. I mean, they're going to have a
15:13
hearing on it and maybe some other matters, and in the afternoon yesterday,
15:18
I believe, and I think he ruled from the bench without have even getting
15:22
to the hearing on that issue about whether you have to disclose your financial information.
15:26
The judge just said no, it's not a valid argument. Produce it.
15:31
I think gave him a couple of weeks to produce something like that.
15:33
So we'll monitor that one and see what happens. I bet gets paid before
15:39
he has to make those detailed disclosures. But who knows, I mean,
15:43
based on what I've seen in the media at least, I mean, might
15:46
just debtie, might just come and go, I don't think, and then
15:50
to go back to the judge and the judgment credit or foul contempt or some
15:54
other action, and then the judge will probably order the debt or to pay
16:00
more in lawyers fees and sanctions and things like that. So we'll see how
16:03
that turns out. Yeah, three or four, three four, five,
16:07
fifty eight fifty eight. Tom Payton with a Paytent law firm in Nitro and
16:11
the number to call in lines are open three or four, three four or
16:14
five fifty A fifty eight three or four three four five fifty eight fifty eight
16:18
will take your calls. Talk more to Tom in a moment. This is
16:21
five eighths. Are you suffering from injuries caused by a fall? You may
16:26
have a claim for compensation. Don't wait to take action. Contact Paint Law
16:30
Firm today. Our experienced attorneys will fight to get you the compensation you deserve
16:33
for medical bills, lost wages, and pain and suffering. Slip, trip
16:37
and fall accidents can happen anywhere, from them all to the grocery store.
16:41
Let us help you hold negligem parties accountable when they cause an injury. At
16:44
pay Law Firm, we put your needs first. Contact us today at seven
16:48
five five fifty five fifty six to schedule your free consultation, or visit us
16:52
online at Payton Law Firm dot com. Special toothpaste don't really work. Drug
16:56
store preparations and potions they won't do the trick. If you want to brill
17:00
white smile. Garieb Dental Group has what it takes broken chipter, discolored teeth,
17:03
gaps between your teeth, even missing teeth and discolored old dental work can
17:07
all be corrected by the smile specialist at Gareeb Dental Group. Many procedures are
17:11
covered by dental insurance and financing options are available. Get the smile you dream
17:15
of a Garrieb Dental Group in Pokas, South Charleston, Saint Alban's Cross Lanes,
17:19
Tays Valley and now Knaw City. We love to see your smile.
17:26
Put the power of Payton on the side. We have the courtroom experiences that
17:33
you need. We never give up. We're prepared to fight for your rights.
17:40
When you need action, count on us. The power of Paton on
17:48
your side. The power of Paton eight thirty nine oh five eight wchs.
17:53
The Voice of Charleston. Jeff Jenkins with Tom Peyton at the Peyton Law Firm
17:56
in Nitro. Number to call three h four three four five fifty fifty eight
18:02
three or four three four five fifty fifty eight. Tom and his capacity over
18:07
the years has handled many dui cases, I'm sure, and there's a high
18:11
profile DUI case obviously involving now former Mountaineer basketball coach Bob Huggins. Yeah,
18:15
that's too bad. Yeah, I was action on vacation last week. There's
18:19
Sunday and friends started blowing up Saturday morning about the news and oh my,
18:26
people think he's probably mean. My first thought as well, let's see,
18:30
let's see what the evidence is. I mean, maybe it wasn't du at,
18:36
or maybe it's it's something minimal and he can get some help, maybe
18:41
if he got an alcohol problem, and keep him as a coach and just
18:45
suspend him a little longer. But and I read the criminal complaint that was
18:48
published, my opinion is, well, I think he's he's gone. And
18:52
then of course he was, and so he's he's you know, I mean
18:56
just from a pure legal standpoint on the merits of the charge. Mean I
18:59
read the high criminal complaint, and keep in mind criminal complaint. People get
19:02
frustrated that are charged. Sometimes that's that's the officer that's wanting the magistrate to
19:07
sign an arrest warrant, putting in facts sufficient to justify probable cause, not
19:15
beyond the resal doubt. But it's also one sided. I mean, like
19:18
the defendant can't come and put their side of the story in there and there's
19:22
really nothing inherently wrong. If they know, the policeman can kind of put
19:29
their spin on it. And a good example would be when you read this
19:32
criminal complaint against Bob Huggins, in the vehicle, which was least vehicle in
19:37
the name of West Virginia University, they found some trash bags with cans in
19:42
it. I think two different backs, like one maybe in the pastor's compartment,
19:47
one maybe in the back of the Denali. I assume it was not
19:52
the pickup truck Nali. It was the SGUV type Denali. And when you
19:56
read the criminal complaint, it obviously construe. It gives you the impression there
20:03
were empty beer cans and in those uh trash bags because beer had been consumed
20:08
recently and then dumped into the trash bags. And then you know anecdotal information
20:14
at least after the fact, and I guess it's been a known Bob public
20:17
clecks luminum lumit cans. So um, maybe one or both those bags were
20:23
not because he'd been drinking uh and then putting the empties in the in the
20:29
trash bags. Um. But the officer doesn't you know, for example,
20:33
the officer in the criminal complaint doesn't point out that there were also doctor pepper
20:37
and pop another type cans in there, you know. It leaves that if
20:41
there were I don't know, and maybe there were in one bag, and
20:45
then there were beer cans only another bag I don't know, and then they
20:48
know an empty cool or that still had some liquid in it, as if
20:51
something had been stored in there recently and consumed, and so that kind of
20:56
stuff. You know that that when the evidence flushes out, may not be
21:00
what the officer gave us the impression it was. As far as circumstantial happens
21:04
of intoxication. The problem that I mean, we'll see what kind of defense.
21:10
I suspect it's going to be a just work out the best deal you
21:12
can from a criminal standpoint. Now this is in Pittsburgh and Pennsylvania, so
21:18
I don't know what the penalties are for what it will ultimately be a first
21:21
defense DUI, I think, because at least in West Virginia, I think,
21:25
fairly uniformly in all the states. Once you know, because Bob Hopkins
21:29
had a DUI conviction in two thousand and four, but once it's ten years
21:33
old from the incident, then it does not count as a first defense anymore.
21:37
So this will be he's charged now with first defense again, even though
21:41
he in fact had one almost twenty years ago. They can't use that one
21:45
against him to enhance the charge. But you first, you know, and
21:49
I don't do a lot of DUIs. I do some here there. I've
21:52
done a lot of them over the history of my career. And actually the
21:56
law has been all over the place in West Virginia, from the regulations or
22:00
a law relating to a driver's license to the criminal different charges for driving on
22:07
the influence. But first look at why were the police even having contact with
22:11
him? Because if if there's a bad traffic stop or an unlawful seizure or
22:17
something like that, and then based on some illegal document called the fruit of
22:22
the poisonous tree, if there's a bad stop and they shouldn't have been interacting
22:25
with him at all beyond something basic or driving by then everything after that can
22:30
be can't be used in court. So the whole case would go away,
22:33
even though he might have in fact been guilty of driving under the influence,
22:37
the charge would go away. But in this case, he had a flat
22:41
tire. Emergency situation officer approaches after there's some odd behavior while he's trying to
22:47
kind of get Coach Huggins to move off the side of the road. And
22:49
then there's this interaction so clearly the approaching Coach Huggin's vehicle and what I would
22:56
call the stop, even though it wasn't technically a stop because he was already
22:59
stop out that's appropriate, So I don't see any defense there. And then
23:03
it goes from well, i'll smell alcohol in his breath, and then we
23:07
have this interaction where it appears Kachhok has really had difficulty communicating in any clear
23:15
man or even recalling some pretty basic information. And then they do the field
23:19
field sobriety tests. You know a lot of people can't probably can't complete the
23:25
three basic but one of them is where they they call the stagmus. Where
23:29
that's the one where they move the pen or a finger, keep your head
23:32
still, and then you know, stagmus is where your eye kind of vibrates
23:36
a little bit before it gets to a certain angle. And so that's a
23:38
pretty sitting. An officer says, well, I saw the stagmus at this
23:41
point, but it's not documented other than the officers saying it's it's a bit
23:45
subjective. And then you have the you have to walk and turn, so
23:48
that's nine steps like on a line, heel to toe and your heel has
23:53
to touch your toe, and you have to turn a certain way and come
23:56
back count while you do it. That's not easy for a lot of folks
24:03
to do. If you've got a health problem, you're older, you got
24:06
a weight problem, if any what shoes you're wearing, and then you have
24:08
the stand on one foot the balance, yeah, and then come back and
24:15
touch your with your arms extended, touch your pointer, fingers back to your
24:18
nose. And so that's not an easy one either. And I think and
24:22
and Field sobriety tests are not there. Their tests established to provide circumstantial evidence
24:30
to get probable cause to arrest somebody for driving under the influence. They aren't
24:36
really supposed to be used for more than that just to get probable cause.
24:38
But you know, coach Huggins didn't do well on any of those tests according
24:44
to the officer. And you know that they also has to explain it and
24:47
he has to wait to start at certain times. And there were multiple indicators
24:51
of another thing. That phrase was something like it wasn't exactly like this,
24:56
but it was like showed all points of impairment or something. I mean,
24:59
like that phrase was used in every one of those tests. Yeah. I
25:00
in West Virginia, officers have a sheet that is what I call kind of
25:06
a cheat sheet, but it has three the three. It has diagrams and
25:11
boxes you check as you go through those field sobriety tests to say, there's
25:15
actually a diagram of the little feet for the walking turn, and so they
25:18
can mark exactly where somebody came off the line and what they did. And
25:22
so you know, if you score x amount of negative points, I guess
25:26
and you know, hey, that's sufficient to indicate impairment. And it actually,
25:32
you know, it just looked when you read the criminal complaint pretty obviously
25:36
it was in docs. Kid, didn't they go back and do the breathalyzer?
25:38
Those are generally really reliable. It's just kind of whether they they conducted
25:44
the test properly or had a right to do it. And Blue point two
25:48
one, I think before that even struggled to take the test. It sounds
25:52
like that was yeah, you got a blow. For quite a while.
25:55
I mean I've had multiple ones where there's a dispute about whether somebody intentionally was
25:57
not partspending the test where they literally couldn't blow a sufficient amount of time to
26:03
register with the machine. Now this one was interesting because they I think asked
26:07
if he wanted a blood test, and I think he said yes, and
26:08
they did do a blood draw. They didn't say what the results were,
26:11
so we'll see. But you know, point two one. So for the
26:18
you're not necessarily guilty of dui, but there's a presumption under law that you're
26:22
in paired driving from alcohol consumption if you blow a point zero eight. And
26:27
in West Virginia, probably fifteen years ago, there was a delineation between what
26:32
I'd call more serious DUIs versus what the legislature of views is less serious.
26:37
I mean, I guess you could say that. So if you blow point
26:41
one five in West Virginia, that becomes what we've started calling an aggravated dui.
26:48
And so if you you know, if you're point oz eight two point
26:52
one four, you're a simple dui, which does not necessarily does not require
26:59
that you go to jay if you were found guilty. So most of the
27:02
time, I mean, you might have depends on the situation, but usually
27:06
we can work those out with a fine or something like that, and then
27:08
if you get to the point one five area, then you probably got to
27:11
go spend some time in the regional jail if you haven't already spent enough time
27:17
when you were first initially arrested. So there isn't any more aggravated than point
27:22
one five that there's another level, and so point two one is pretty h
27:27
I mean it's it's high, you know, it's it's real high. So
27:32
I mean that's difficult. Well you can see from it if you read the
27:34
criminal complaint. It's difficult talk, difficult to walk, let alone drive.
27:40
So hopefully, I mean, we'll see what happens. I mean, I'm
27:42
hopefully they'll work that one out and Margins will get some kind of probation or
27:48
something like that, which is probably how it will come down. Like I
27:52
said, I don't know the penalties in Pennsylvania, but if that works out
27:56
and hopefully he gets I mean, yeah, I hate it that he's gone.
28:02
Actually, I kind of thought Kerr Chuggins was looking a little tired of
28:04
the job a couple of years ago, and I thought the transfer portal would
28:07
be at the end because I figure sixty six sixty seven years old. Been
28:12
doing this for however many years you got to fight to recruit players. Now
28:17
all of a sudden you got to fight too. I mean, the players
28:19
you recruit, you can't even have any assurances they're going to be there the
28:22
following year. So you're basically recruiting all the time now trying to get transfers
28:27
keep him from transfer. Now. I just figured Huggins Will just was wear
28:33
him out. But surprising to me. You know, he's done really well
28:37
with the transfer portal and had a pretty good year last year than that little
28:41
slump when we started the Big Twelve conference play and so you know, supposed
28:45
to have been the top where this this path the one getting into this season,
28:49
the top ranked portal, yeah, he asked, But yeah, certainly
28:52
in the top three for sure. And and maybe they'll stay. You know,
28:56
I saw we're Jim Missoula and Mike Gainzy kind of a rally call on
29:00
his zoom. Yeah, you know, maybe Joe Missoula he shouldn't do a
29:03
rally call. He should come back and coach the team. But I don't
29:07
think he's leaving the NBA rounds. They come back to West Virginia. But
29:11
you know, at the same time if they can keep these transfers there.
29:15
And none of them have said they're leaving yet. I saw some blip about
29:19
when I'm removed the video about West Virginia and is some social media page,
29:23
but that doesn't necessarily mean, I mean he's leaving. So but I guess
29:26
as I understand that they do have maybe thirty days with a coaching change to
29:30
transfer out without penalty, So we'll see how that falls out. But I
29:34
mean I would expect will announced the new coach within days, yes, I
29:40
mean like this week, by this weekend probably, I mean just they've obviously
29:42
been interviewing and so we'll see. Because I thought, well, maybe you
29:47
bring just make ever Harder one of the assistants in term for a year for
29:49
this season, if that satisfies the current players, because really, I mean,
29:53
you you gotta look long term, but you certainly can't ignore what the
29:59
current player preferences are unless you want this whole season just be I mean,
30:03
if they all transfer out, I don't know what you do. So and
30:07
I think it's entering. Tom Peyton's here at the Payton Law Firm in Nitro
30:10
every Thursday three or four three four five fifty fifty lines were opening questions about
30:14
the law three or four three four five fifty fifty. And I think it's
30:18
been discussed. You know, the two incidents, you know, one just
30:22
a little over a month ago with coach with Coach Huggins combined with the DUI.
30:27
Yeah, I mean I think that's the problem. If you if you
30:30
took away that the May ninth situation Cincinnati radio station, Yeah, yes,
30:33
and so we talked about that before and so he was on like super hyper
30:38
probation and and they redid this contract. Yeah, and so then it was
30:44
I think rend breaker said that was the last straw. I mean, if
30:48
you if that wouldn't happened, he just had a DUI, I can see
30:49
him keeping him be able to keep his job. By who knows what happened.
30:53
He obviously resigned. What I'm understanding is maybe it was you resign or
30:57
you or you're gone. But that's what I don't know. Coach Huggins,
31:04
I mean I would say hi if I saw him. I've seen him at
31:07
a few mountaineer events in close quarters, but I mean he wouldn't know my
31:12
name, So I don't know. But you know, if you it leads
31:15
me to believe he's got an alcohol problem because one, it was only like
31:21
eight o'clock of the evening on a weekday, and he had a lot of
31:25
If the breathalyzers right, he was really intoxicated too, that's happening. I
31:30
mean, by all accounts, he loves West Virginia, he loves coaching West
31:36
Virginia. He cares a lot about the university and the state in general.
31:41
So would he just intentionally jeopardize that with this type behavior if he didn't have
31:47
an underlying disease or you know, alcohol issue. And so I don't know
31:52
what he does on a daily basis, but I know he got in this
31:59
position and when he knew that, he was in a period of hypersensitivity as
32:05
far as his behavior based on what happened in May, and so, you
32:08
know, I don't know about his everyday behavior, but peers, he's got
32:12
a problem because I don't I don't think if he didn't have a problem,
32:15
he would engage in behavior that would risk his ability to continue coaching Mountaineer basketball.
32:22
I mean period. So I mean that's that's my opinion and everybody's everybody's
32:27
got one. But you know, so you can say it's a one off
32:30
insident. Maybe doesn't have an alcohol problem, but I think when you see
32:32
the circumstances and what he put in jeopardy with this issue, I mean,
32:37
I think it's something that he didn't have under control. And that's what I
32:42
kind of when you talk about alcoholism and things like that, if you can't
32:45
control it to that extent when you're in a period of hypersensitivity and if you
32:50
behave a certain way by consuming alcohol and in certain situations, you're going to
32:54
lose your job probably then you know, that's that's the position he put himself
32:59
in, and so it's unfortunate. Hopefully he gets yeah, hopefully he gets
33:05
If he does need help, he gets the help he needs and then gets
33:07
back to being involved with the university and some some manner. I don't know
33:10
if it'll ever be coaching again, but or have no idea what he wants
33:15
to do, and maybe he'll coach somewhere else, who knows. But hopefully
33:17
we'll get past this, We'll get a replacement coach, the players will stay,
33:21
and w basketball is going to be fine no matter what, because we
33:23
got a strong conference. And you know, when you go I go to
33:27
a lot of as mean as i'd like to, but you know, we
33:30
got season tickets to the basketball games. I mean, the atmosphere inside to
33:32
call sem it's got to be. It won't get the accolades from ESPN probably
33:39
is like Cameron Indoor at Duke, of course, but we've got to be
33:44
top five sure environments in a strong loyal fan base and good basketball conference.
33:52
So we're going to have players that want to come play for us, and
33:58
we're going to continue to have a strong program one where another, even if
34:00
we have a down here here there. So w basketball be fine. It's
34:04
just hopefully I worry about more of the acute issues, like this season we're
34:08
gonna be able to hold these players as it were going to be able to
34:14
stay in tax that this season isn't just almost nothing. That's probably personal interest
34:20
because I pay first season tickets again, made the donation for the floor seats
34:24
that we've got. But I think we'll be fine. I mean, you
34:29
know, I worry about that, but I think we'll get an interim coach
34:31
and he'll rally the troops and you at least one transfer, two will That's
34:37
not going to be the end of the world with our team. Tom Peyton
34:40
Payton Law firm in Nitro. Jain. I was in Nitro last Friday evening
34:45
driving through. Drove right by Nitro. You know, that's everywhere Deal's restaurant
34:49
is. But we're on First Avenue, which is actually the main drive twenty
34:52
five. That's right. You know, if you get off the interstate,
34:54
you just come down towards downtown Nitro and you know the rubroad attraction on You're
35:00
right our office on the left in the corner of twenty eight, twenty eight,
35:05
twenty ninth Street. Right there, all the streets are numbered. It's
35:07
like forty Street out by Wendy's and then you just go down from there,
35:10
so it's easy to find free parking. If you're driving by and have a
35:15
general inquiry, you're welcome to stop by. Most of the staff can give
35:20
you some directional basic information. If I'm there and I'm available, or Dad
35:23
is, we'll be glad to come out and talk to you. It's that's
35:27
probably less likely because of our schedules, but certainly welcome to stop by and
35:31
then give us a call or send us an email if you have any legal
35:36
issue. Really, if if it's something we can't handle, we've been done
35:38
this long enough that we usually know a lawyer or two that might specialize or
35:45
have experience in a particular area, and we can give you a referral there.
35:49
But but mostly you know, if you've been in an autobile accident,
35:52
you've been injured, you got a family manage been injured or haven't for been
35:55
off some family members has died as a result of some incident. Then um,
36:01
all we ask is you consider our office and we do a good job
36:05
in those claims because we don't have a thousand of them, and we don't
36:08
have it's Dad and I and a really good support staff. But as far
36:14
as lawyers go and decision making, we pay attention to every case. And
36:17
a client calls my office or I call and talk to them, I know
36:20
what's going on in their case. It's not looking at a computer and saying,
36:23
oh, you've got this, this and this. We we know our
36:27
cases because we give them individual attention. I think that that helps. I
36:31
mean, as the decision that your father made, you know, and in
36:37
conjunction with you to stay the size. Yeah, we've had there was when
36:40
I first got all law school, we had some other lawyers and we had
36:43
two offices, and it just is not the route we decided to take at
36:47
that point to get bigger. And so, you know, we know how
36:52
to do things that we do. Deeds, we do, wills, we
36:54
do so secure disability, we do some workers comp we do a little bit
36:58
of family law, a little bit of criminal defense. And so that's just
37:00
because we've learned to do that over the years. In real estate, because
37:06
we have an office in the suburbs. Regular people need lawyers and competent ones,
37:12
and so we just learn how to do that and we help people with
37:15
all kinds of different matters. And then you know, when they come to
37:22
Peyton Law Firm, they want to Peyton working on the case and so that
37:25
that I think that's what they get. And so but when we had other
37:29
lawyers, it was fine. I mean, you can go different routes.
37:30
You know, I don't do a lot of family law. We could have
37:32
a lawyer it did all family law and have that division, but we just
37:35
have decided not to take that business model. There's absolutely nothing wrong with having
37:39
a big firm and having that business model. It's just a different, different
37:45
kind of atmosphere in my opinion. Yeah, seven five five fifty five fifty
37:49
six is the number to call three or four seven five five five five five
37:52
six or Peyton Law Firm dot com. Peyton Law Firm dot com. Okay,
37:58
Tom? Or business on Facebook yeah, oh Facebook two. Yes,
38:01
you can do a Facebook chat to our website too if you'd like to do
38:04
that. So either way, if you don't hear back from us, just
38:07
follow up. We've probably gotten busy because we try and return every email on
38:10
every call. All right, we'll talk about the new coach next week.
38:13
Sounds good? Okay? All right, Tom Peyton with the Peyton Law Firm
38:16
in Nitro. Stay tuned, coming up. ABC News five eighty Live with
38:21
Dave Allen, also on deck copy at ten oh six. This is five
38:23
eighty WCHS five AD w c hs A six point five on Charleston one h
38:40
four point five Cross Lanes, w VRC Media Station. We were trialed to
38:46
live here too,