Morgantown Municipal Court Lawyers for City Ordinance Citations
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 12, 2026
Table of Contents
A city citation can look minor, but it is still a charge in court. Depending on the ordinance, a conviction can mean fines and costs, jail, a record and, for traffic citations, consequences for your license. Many people pay a citation without realizing they had defenses or other options.
Slavey & Shumaker PLLC appears regularly in municipal court and represents people charged with city ordinance violations and traffic citations in the Morgantown, Westover, Star City and Granville Municipal Courts in Monongalia County. For charges under state law, see our magistrate court guide.
1. What Municipal Court Handles
West Virginia allows cities to create a municipal court with a municipal court judge (W. Va. Code § 8-10-2(a)). Municipal courts hear violations of the city’s ordinances. In Morgantown, the Municipal Court has exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction over violations of city ordinances (Morgantown City Code § 181.02).
The same conduct can sometimes be charged either as a city ordinance violation in municipal court or as a state offense in magistrate court. The citation or complaint will name the court and the date you must appear. Which court hears the case affects the rules, the possible penalties and the options available.
2. Municipal Courts We Appear In
- Morgantown Municipal Court
- Westover Municipal Court
- Star City Municipal Court
- Granville Municipal Court
Each city has its own ordinances, procedures and court schedule. Ordinance numbers and penalties on this page come from the Morgantown City Code; the other cities’ ordinances may differ.
3. Common City Ordinance Citations
Examples from the Morgantown City Code:
| Citation | Ordinance | Penalty under the ordinance |
|---|---|---|
| Public intoxication (first offense) | Morgantown City Code § 521.06(a) | Fine of up to $100. If the person agrees before conviction to attend an alcohol education program, the judge may delay sentencing and, on completion, may dismiss the charge (Morgantown City Code § 521.99(c)(1)) |
| Drinking or open container on a sidewalk, street or other public place | Morgantown City Code § 521.06(b) | Fine of up to $100; for a second or later violation, up to $100, up to 30 days in jail, or both (Morgantown City Code § 521.99(d)) |
| Drinking or open container in a motor vehicle | Morgantown City Code § 521.06(c) | Fine of up to $100, up to 30 days in jail, or both (Morgantown City Code § 521.99(e)) |
| Under 21 purchasing, consuming, possessing or serving beer | Morgantown City Code § 521.08(a) | Fine of up to $500, up to 72 hours in jail, or both; or probation of up to one year for a first offense (Morgantown City Code § 521.99(g)(1)) |
| Under 21 misrepresenting age or using false ID to buy beer | Morgantown City Code § 521.08(b) | Fine of up to $100, up to 72 hours in jail, or both; or probation of up to one year for a first offense (Morgantown City Code § 521.99(g)(2)) |
| Hosting or permitting a nuisance party | Morgantown City Code § 528.01(a) | Fine of $200 to $500 (Morgantown City Code § 528.99(a)) |
| Obstructing an officer | Morgantown City Code § 501.02(a) | Fine of $50 to $500; up to 30 days in jail in the court’s discretion |
Other common city charges include disorderly conduct (Morgantown City Code § 509.01), loud and unnecessary noise (Morgantown City Code § 527.03) and city traffic citations such as speeding and other moving violations under the city’s Traffic Code. Students facing these charges should also see our WVU student criminal charges page and our WVU Student Conduct page.
Received a City Citation?
Free consultation with a Morgantown lawyer who appears regularly in municipal court.
4. Penalties and Court Costs
State law lets a city prescribe reasonable penalties for ordinance violations in the form of fines, forfeitures and confinement in jail for a term not exceeding 30 days (W. Va. Code § 8-11-1(a)(2)). The municipal court judge may suspend those penalties on reasonable conditions (§ 8-11-1(b)).
In Morgantown, a criminal ordinance violation with no specific penalty is punishable by a fine of up to $500, up to 30 days in jail, or both (Morgantown City Code § 181.99), and a Traffic Code violation with no other penalty provided carries a fine of up to $500 (Morgantown City Code § 303.99(a)).
Costs are added to fines. State law adds a cost of not less than $42 for a moving violation and for any other offense for which the ordinance provides for jail (§ 8-11-1(d)). Morgantown also assesses its own court costs and fees (Morgantown City Code § 181.18; Morgantown City Code § 181.21; Morgantown City Code § 181.22).
5. How a Municipal Court Case Works
For many misdemeanors that do not involve injury to a person, an officer may issue a citation instead of making an arrest. The citation sets a time to appear (Morgantown City Code § 501.07).
Where no statute or rule specifically applies to municipal courts, Morgantown Municipal Court follows the rules that govern West Virginia magistrate courts (Morgantown City Code § 181.05).
In Morgantown, a request to continue a hearing must be made in writing on the court’s form, may not be granted for longer than 30 calendar days, and each side is generally limited to one continuance unless the court holds a hearing (Morgantown City Code § 181.16).
A defendant charged with a traffic offense requiring a court appearance must bring proof that the vehicle was insured at the time of the offense (Morgantown City Code § 303.01(d)).
Depending on the charge and your history, a case may be dismissed, resolved by agreement, or tried before the judge. For public intoxication, completing an alcohol education program can lead to dismissal (Morgantown City Code § 521.99(c)(1)).
6. Jury Trials
Only a defendant charged with an offense for which jail may be imposed is entitled to a trial by jury in municipal court. When the court conducts a jury trial on the defendant’s demand, it follows the magistrate court rules of criminal procedure, except that the jury consists of 12 members (W. Va. Code § 8-10-2(d)). Morgantown’s code provides for 12 jurors unless both parties agree to a lesser number (Morgantown City Code § 181.14).
7. Missing Court or Unpaid Fines
Ignoring a city citation can create bigger problems than the citation itself:
- If a person fails to appear in response to a citation, a complaint may be made and a warrant issued (Morgantown City Code § 501.07).
- The Division of Motor Vehicles must suspend the license of a person a municipal court reports for failing to respond or appear on a motor vehicle violation (W. Va. Code § 17B-3-3a), or for failing to appear when charged with a criminal offense, which includes municipal ordinance violations that may result in a fine or jail (§ 17B-3-3c(a)). Parking violations are excluded.
- A suspension for failure to appear continues until the person provides proof of compliance from the court and pays the reinstatement fee (§ 17B-3-3c(c)). Driving while suspended is a separate charge; see our suspended license page.
- In Morgantown, the court may allow time payments of up to 180 days based on ability to pay (Morgantown City Code § 181.04), but if fines for moving violations are not paid within 90 days or a payment plan is not followed, the court notifies the Division of Motor Vehicles (Morgantown City Code § 181.19(c)).
8. Appeals to Circuit Court
A person convicted by a municipal court judge may appeal to circuit court as a matter of right by requesting the appeal within 20 days after sentencing. If no appeal is perfected within that time, the circuit court may grant an appeal within 90 days after sentencing on a showing of good cause. Filing or granting an appeal automatically stays the sentence (W. Va. Code § 8-34-1(d)).
| Type of trial | How the appeal is heard |
|---|---|
| Tried by the judge without a jury | A trial de novo in circuit court, tried to the court without a jury (§ 8-34-1(e)) |
| Tried before a jury | A hearing on the record of the municipal court trial (§ 8-34-1(e), (f)) |
There is generally no appeal from a guilty plea entered while the defendant was represented by counsel, except where an extraordinary remedy would lie or the court lacked jurisdiction (§ 8-34-1(h)). Appeals from Morgantown Municipal Court go to the Monongalia County Circuit Court (Morgantown City Code § 181.15).
9. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, appear regularly in the magistrate, circuit and municipal courts of Monongalia, Preston, Marion and Harrison Counties. Our office is at 174 Chancery Row in Morgantown, beside the Monongalia County Courthouse. We handle city ordinance violations and citations in the Morgantown, Westover, Star City and Granville Municipal Courts. The initial consultation is free. Criminal defense is generally billed on an hourly fee basis. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
10. Frequently Asked Questions About Municipal Court
Talk With a Morgantown Municipal Court Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Defending criminal cases in Monongalia, Preston, Marion and Harrison Counties. The initial consultation is free.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.