Todd La Neve

Bar / Professional Activity

• Harrison County Bar Association, Member
• Admission to United States District Court for Northern and Southern Districts of West Virginia
• United States Fourth Circuit Court of Appeals
• West Virginia
• West Virginia State Bar Association, Member

Verdicts / Settlements (Case Results)

• Ginger S. v. CDX Gas, LLC, Circuit Court of Harrison County, WV - personal injury settlement in mediation - $1,650,000, 2009
• Client was charged with domestic battery after an altercation with his girlfriend. We were able to demonstrate that she was the initial aggressor and had hit him first prompting him to strike her back one time. Even though his actions were deemed reasonable self-defense, my client agreed to participate in counseling sessions and provide a summary reflecting his genuine participation and progress in meeting goals of the sessions. The state dismissed the charge against him at the conclusion of the counseling sessions., 2026
• My client was charged by a pit bull while standing in his driveway as he got some belongings out of his truck after his workday. He ultimately fired one round out of his lawfully carried handgun into the ground in the general direction of the dog and then called 911 to report the incident. The responding officer cited my client for discharging a firearm within city limits in violation of a city ordinance. We conducted a bench trial on the matter and the officer stood firm that my client's actions were unlawful. We argued the nature of the encounter justified him in discharging his pistol as an act of self-defense, something permitted under the city ordinance. The Court agreed with our position and the charge was dismissed., 2025
• My client was served with a Personal Safety Order (similar to a restraining order) by a woman who claimed he had threatened her and her young children. My client was hauling a large trailer behind a heavy duty pickup truck and as he passed by the woman's home, one of her dogs ran up onto the road where he was unable to see it. The trailer wheels unfortunately caught the dog and ran over it, killing it. My client stopped and didn't see anyone in the home or any vehicles so he continued about a mile down the road, picked up a vehicle he was hired to haul, and came back planning to stop at the house again to see if anyone was home. The woman had apparently been home and claimed she saw him "deliberately" run over her dog and she ran out to the road to confront him. She immediately accused him of purposefully killing her dog and began using very insulting language towards him. He apologized and she continued to yell at him so he cursed at her and drove away. In a contested hearing, she alleged he had told her he would kill her and her children if they ever came out while he was driving by again and even claimed he said he would come to their home to harm them. Through cross-examination I was able to demonstrate that she was lying about everything by showing the inconsistencies of her statements compared to the physical evidence. My client testified convincingly that his version of events was correct, owned his action in accidentally running over the dog and admitted that he had gotten frustrated at her behavior and swore at her as he drove off. Based on the numerous holes in the woman's version of events and her continued emotional outbursts, the judge found in my client's favor and dismissed the temporary Personal Safety Order., 2025
• My client was charged with felony child neglect creating risk of substantial bodily injury following a car wreck. The officer was overzealous in this case and reacted poorly on the sole basis that my client's infant was in her vehicle (secured properly in a modern car seat designed for an infant) at the time of her wreck. My client had been tailgated by another driver for several miles on a two lane road and as they entered a small town, the other driver sped up and passed my client on a solid double yellow line, in a curve, and into oncoming traffic. Multiple vehicles coming in the opposite direction had to swerve off the road to avoid crashing with that car which then swerved back in front of my client who did not slow down to allow the illegal pass. My client's car was impacted on the swerve which caused her to push forward into the rear quarterpanel of the other car and spin it out, crashing into an access ramp in front of a business. Because my client did not slow down, the officer and his chief took the stance my client had engaged in neglectful behavior and placed her child at substantial risk of a serious injury. We were able to negotiate a dismissal of the felony charge with the prosecuting attorney who agreed the mere happening of the crash was not enough to support the felony charge and the case was dismissed., 2025
• Client was charged with a one-way violation, DUI, and faced an allegation of refusing to provide a breath sample. Through the course of investigation, we established that the blood test obtained after the client's refusal to submit to a breath test had occurred outside of the statutorily defined time period for blood tests. As a result, the blood test results were suppressed and the remaining evidence was insufficient to establish any apparent impairment on my client's part. As a result, the DUI was dismissed and the client pled guilty to a one-way violation., 2025
• Client was charged with a narcotics based DUI with a minor child in her vehicle. Based on review and analysis of blood testing results, we were able to demonstrate that client's sample did not contain any illicit compounds but rather only evidence of medications she was lawfully taking. Blood levels were established as normal through consultation with a pharmacologist and the prosecution ultimately agreed there was no evidence of unlawful drug use, insufficient evidence of actual physical or mental impairment, and no evidence the client had driven at any time relevant to the arrest. The case was dismissed., 2026
• My client was charged with DUI while under the influence of controlled substances. Our investigation revealed the arresting officer never observed her operating her vehicle and that he was only called to the scene of arrest following people seeing her behaving in a disoriented manner. We established that she had, in fact, ingested an ADHD medication given to her by a parent who mistook it for a pain medication as my client was suffering from an oral abscess at the time and was in considerable pain. After traveling to a nearby store to make a purchase, she took the "pain" medication while shopping and prior to leaving to get in her car, was adversely affected by the medication. We established that her ingestion of the medication was based on a mistake as to what the medication was, had supporting witness corroboration that she had not driven after taking the medication, and that she was in a normal state of mind while driving prior to taking the medication. Upon presenting the information to the prosecuting attorney, the case was dismissed for a failure of the arresting officer's evidence to support a DUI charge., 2026
• My client was charged with co-defendants with kidnapping, malicious assault, burglary, and conspiracy following an altercation between cousins unrelated to my client.  In the course of investigation of the facts, we were able to determine my client did not engage in any actions that would constitute kidnapping or malicious assault and were able to successfully argue to the prosecuting attorney that the conspiracy charge was factually weak. Ultimately, as opposed to facing a possible life sentence, a plea to burglary (entering without breaking) was entered and my client received a sentence of home incarceration from which he will be eligible for release to parole in less than one year., 2025

Videos

• You Had to Shoot Someone: What Do You Do Now?, Self-defense/criminal Law, 2024
• DUI Breath Test Reliability Issues, DUI/DWI, 2012
• DUI Stop: Everything You Do is Evidence Against You, DUI/DWI, 2012
• Field Sobriety Tests, DUI/DWI, 2012
• Is a Gun Trust Right for You?, Firearms Law, 2nd Amendment Law, 2024
• Medical Marijuana and Your CCW, Firearms Law, 2nd Amendment Law, 2024
• Vehicle Self Defense, Self-defense/criminal Law, 2025
• Castle Doctrine, Self-defense/criminal Law, 2025
• Why You Shouldn't Use Gun Signs, Firearms Law, 2nd Amendment Law, 2024

Representative Clients

• I provide general legal services for these organization on an as-needed basis: Universal Enterprises, Inc. - Shinnston, WV - Repair King, Inc. - Shinnston, WV ATR Performance, Inc. - Fairmont, WV, 2025

Special Licenses / Certifications

• NHTSA/IACP Standardized Field Sobriety Testing Practitioner, 2004
• Maryland Qualified Handgun Instructor, 2026
• US Law Shield Firearms Instructor Certification, 2026
• National Rifle Association Pistol Instructor certification National Rifle Association Range Safety Officer certification, 2025
• NHTSA/IACP Standardized Field Sobriety Testing Instructor, 2004

Pro bono / Community Service

• I have served on the Board of Directors for the Bi-County Nutrition Program, Inc. for nearly 12 years now as both a voting member and as counsel to the agency, which serves nutritional needs for the elderly and disabled in two local counties.
• Completed 8th consecutive year serving as one of three civil service commissioners to the Harrison County Sheriff's Office, 2026
• Selected as the County Bar Association representative to the Harrison County Sheriff's Civil Service Commission as one of three Commissioners., 2018
• In 2011, I was selected to serve as a full voting member of the Clarksburg, West Virginia Municipal Building Commission and have been actively involved in the committee's work in the construction of a new aquatic center for the benefit of Clarksburg and surrounding communities., 2011

Educational Background

• West Virginia University College of Business and Economics, B.S. in Business Management, 1989

Scholarly Lectures / Writings

• Lectured on issues related to breath alcohol testing and field sobriety testing for an AAJ teleseminar., Speaker, American Association For Justice, 2010
• I was a presenter in this event and spoke on the topics of concealed carry laws and provided a summary update of the most relevant caselaw developments involving 2nd Amendment rights., Speaker, Foundations of Firearms Law, NBI Seminars, Firearms Law, 2nd Amendment Law, 2025
• Invited to present to WVSRPA's annual meeting on issues of Castle Doctrine and lawful use of force, Speaker, WV State Rifle & Pistol Association Annual Meeting, Self-defense/criminal Law, 2025
• Invited to speak on issues of lawful self defense and use of force applicable to licensed land surveyors engaged in surveying practice in West Virginia, Speaker, WV Professional Surveyor's Society Annual Conference, Self-defense/criminal Law, 2025
• In conjunction with US Law Shield, I authored what is the current authoritative book on 2nd Amendment and self-defense law for the State of West Virginia., Author, West Virginia Gun Law: Armed & Educated, Firearms Law, 2nd Amendment Law, 2023
• I presented a talk on the consequences of DUI arrests relative to FAA certified pilots as part of a continuing education program presented by the Maryland Criminal Defense Lawyer's Association., Speaker, 2008
• Co-instructed NHTSA curriculum in field sobriety testing for attorneys., Instructor, 2008
• Co-instructed NHTSA curriculum in field sobriety testing course for attorneys and police officers., Instructor, 2006
• Presented a talk on DUI and FAA pilot's license issues for the NCDD Winter Session, Speaker, National College For DUI Defense, 2004
• Presented talk on FAA enforcement actions and pilot's license issues to the North Central WV Pilots Association, Speaker, 2004
• I was honored with the invitation to write a chapter on search and seizure issues in DUI cases for the Thomson-Reuters "Inside the Minds" series of books. The book will be published in mid-August of 2012., Author, Search and Seizure in DUI Cases, Thomson-Reuters, 2012

Honors

• Honored to meet the eligibility requirements for membership in the Million Dollar Advocates Forum following the successful conclusion of a plaintiff's personal injury case on behalf of a wonderful client who nearly lost her life in a grievous wreck., 2010
• 10th consecutive year of receiving the company's highest rating of legal skill and ethical standards, A/V Preeminent, Martindale-Hubbell, 2026

Awards

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Avvo Client's Choice Award: This award is granted to attorneys with at least 5 reviews with 4+ stars in a given year on Avvo.com

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Avvo Top Contributor: This award is granted to attorneys who have significantly contributed to Avvo.com by answering questions in the Q&A forum, publishing legal guides, or other meaningful contributions to the Avvo community.

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AV Preeminent®: This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.

Industry Groups

• American Council of 2nd Amendment Lawyers
• co-founder)
• DUI Defense Lawyers Association (Founding Member)
• Million Dollar Advocates Forum
• West Virginia DUI Defense Lawyers Association (President