Upshur man arrested for third-offense driving revoked for DUI

BUCKHANNON – An Upshur County man was arrested for driving without a valid license due to prior driving under the influence convictions.

Joseph Herron, 39, of Buckhannon, was arrested Aug. 26, 2023, for driving revoked for DUI third offense, a felony.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer deputy Dakota Linger with the Upshur County Sheriff’s Office, on July 2, 2023, Linger initiated a traffic stop on a 2001 black Jeep Grand Cherokee for a license plate cover.

Linger made contact with the driver, Herron, and was subsequently advised by the E911 Upshur County Communication Center that his operator’s license was revoked for DUI with prior conviction dates of Jan. 31, 2020, and April 6, 2022. According to the report, Cpl. Tyler Gordon and Linger searched the vehicle with the driver’s permission.

Linger let the passenger drive the vehicle, knowing she possessed a valid license and insurance on the vehicle.

Bail was set at $15,000 cash or surety by Upshur County Magistrate Alan Suder.

The penalty for a conviction of driving revoked for DUI third offense is confinement in a state correctional facility for not less than one year nor more than three years, and, in addition to the mandatory prison sentence, a fine of not less than $3,000 nor more than $5,000.

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