Trooper J.D. Richards of the West Virginia State Police was notified on Friday, August 4, 2023 at approximately 11:10 p.m. that a vehicle was parked in the middle of the road, not allowing other drivers to go around the vehicle in the 1000 block of Oka Road., Chloe, Calhoun County. When witnesses tried to make contact with the driver, who they thought might have been passed out, the driver apparently yelled and took off down Oka Road. It had also been reported to dispatch that the vehicle traveled again on Oka Road once more to come to the intersection of WV Route 16 and Oka Road and park off the side of the roadway.
Trooper Richards responded to scene and made contact with 35 year old Justin Ray Murphy. He was sitting in the drivers seat of a white 2010 Ford Focus Sedan with the vehicle running. The Trooper noticed that Murphy was sweating profusely, had poor hygiene and watery eyes. He seemed excited and displayed dry mouth and a raspy voice. He informed the officer that he had just came from his house and was traveling to the gas station to purchase some goods.
Trooper Richards had the accused to step out of his vehicle to conduct a standardized field sobriety test and additional ARIDE test to determine if he was impaired, which the Murphy failed.
During the inspection of Mr. Murphy’s vehicle it was discovered that the windshield was cracked making it unsafe to drive and had an expired MVI sticker. The license number of the the accused was ran though the WVSP and determined to be expired as of May 15th, 2023.
Trooper Richards then placed Murphy under arrest for suspicion of DUI – Impairing substance, Expired MVI, Parking on the Highway, Expired Drivers License and Defective Equipment (cracked windshield). He transported him to Minnie Hamilton Health System for a blood draw and then to the WVSP Grantsville Detachment for processing.
Justin Ray Murphy is currently in the WV Central Regional Jail being held on a $1,000 bond. He is scheduled for a hearing in the Calhoun Magistrate Court at 9:30 a.m. on Tuesday, August 8th 2023.
Charges and penalties faced by Justin Ray Murphy are below. He is however innocent until proven guilty.
§17C-13-3. Stopping, standing or parking prohibited ni specified places; penalty.
(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions ofa police officer or traffic-control device, in any of the following places:
(18) At any place on any highway where the safety and convenience of the traveling public is thereby endangered;
(c) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be finednot morethan $200; and upon a third or subsequent conviction,shall be fined not more than $500.
17B-02-12. Expired Licenses
(a) Except as provided in subsection (c) of this section, every driver’s license expires eight years from the date of its issuance.
(b)(1) Every driver’s license issued to a person who has attained his or her twenty-first birthday expires on the licensee’s birthday. The commissioner may modify the expiration date of any license as necessary to effectuatethe transition from the five-year renewal cycle to an eight-year renewal cycle ash e or she considers necessary.
17C-15-1. Unsafe and improperly equipped vehicles; additional parts and accessories; applicability of article to farm and road
equipment.
(a) It is a misdemeanor for any person to drive or move or for the owner t o cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain thoseparts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this article, orwhich is equipped in any manner in violation ofthis article, or for any person to do any act forbidden or fail to performany act required under this article.
§17C-5-2. Driving under influence o f alcohol, controlled substances, or drugs; penalties.
(e) Any person who drives a vehicle on any public highway or private road in this state: (1) while he or she is in an impaired state; or (2) while he or she is in an impaired state but has an alcohol concentration in his or her blood of less than fifteen hundredths of one percent, by weight, is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for up to six months and shall be fined not less than $100 nor more than $500, and shall have his or her license to operate a motor vehicle revoked by the Commissioner of the Division of Motor Vehicles for a period of six months or for a period of time conditioned on participation in the test and lock program in accordance with §17C-SA-3a of this code: Provided, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
