All schools in Upshur County will close at 1 p.m. today. All B-UHS sporting events today are canceled.

Man pulled over for defective exhaust arrested on felony charge

BUCKHANNON – A Lewis County man was arrested Sunday for third-offense driving revoked for DUI after being pulled over for a defective exhaust system.

Torey James Hancock, 27, of Jane Lew, was arrested for driving revoked for DUI third offense, a felony; driving suspended, a misdemeanor; no insurance, a misdemeanor; and defective exhaust, a misdemeanor.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Senior Trooper P.J. Robinette with the Buckhannon detachment of the West Virginia State Police, on Sunday Feb. 21, at approximately 9:27 p.m., Robinette was on road patrol on Route U.S. 33 in Buckhannon.

During patrol, Robinette saw a black 1994 Dodge Dakota traveling westbound with a loud, defective exhaust.

Robinette initiated a traffic stop on the vehicle along U.S. Route 33 near Mt. Zion Cemetery Road. Robinette made contact with the driver, Hancock, and asked for his driver’s license, proof of insurance and registration. According to the report, Hancock said he did not have a valid driver’s license due to it being revoked for DUI – and he did not have insurance on the vehicle.

Robinette ran Hancock’s name through the WVSP Elkins Communications Center and found his license was revoked due to an active DUI with an effective date of May 10, 2017. WVSP Elkins Communications also showed Hancock’s license was suspended due to an unpaid citation with an effective date of June 13, 2019 and two prior driving revoked DUI convictions. The two prior conviction dates for DUI were listed as Sept. 6, 2018 and Nov. 8, 2018, according to the report.

Bail was set at $12,500.

The potential penalty for a conviction of driving revoked for DUI third offense is imprisonment for one to three years in the state penitentiary and $3,000 to $5,000 fine. The penalty for a conviction of driving suspended is a $100 to $500 fine; meanwhile, the penalty for no insurance is a $200 to $5,000 fine, confinement for 15 days to one year in jail or both. Finally, the potential penalty for defective exhaust is a fine of up to a $100 or up to 10 days in jail.

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