MORGANTOWN - A man charged with driving under the influence has filed a Writ of Prohibition in Monongalia Circuit Court, asking that Magistrate Jennifer Wilson be ordered to drop her decision regarding his second offense of driving with a suspended license.

Matthew Kreeger II filed the lawsuit April 17 through attorney Lance E. Rollo of Morgantown.

Kreeger says he was arrested and charged with Second Offense Driving on Suspended License on Oct. 24, 2004. He adds that his first license revocation occurred March 7, 2001 for his first DUI.

At that time, he says the Division of Motor Vehicles told him his license would be revoked for six months and he would be eligible for reinstatement upon completion of a state-mandated safety and treatment program.

On his 2004 arrest, Kreeger had not completed the program.

On Jan. 14, 2005, his Motion to Dismiss his charges was denied by Wilson.

"The State's case against the Petitioner should be dismissed with prejudice, as the Petitioner is incapable of having committed the crime with which he is charged," his complaint says.

Kreeger is arguing that his license can't still be suspended.

"It is a logical postulation that, if the Courts are not allowed to review and reduce a defendant's revocation period mandated by the DMV, then the DMV would not be allowed to exceed the statutory limits bestowed upon it by the Legislature," the complaint says. "To allow the DMV to suspend one's license indefinitely for this criminal offense would violate not only the legislative intent of the statute, but public policy as well as the prohibition against cruel and unusual punishment."

Kreeger argues that his license is no longer revoked for the DUI conviction, but rather for failure to meet the administrative requirements necessary for reinstatement.

Monongalia Circuit Court case number: 06-C-248

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