Reed v. Riner (Signed Opinion)
Annotate this CaseThe West Virginia Department of Motor Vehicles (DMV) revoked Robin Riner’s drivers license due to her failure to submit to a secondary chemical test. The Office of Administrative Hearings (OAH) reversed the revocation for refusing to submit to the secondary chemical test, finding that the arresting officer failed to comply with the implied consent statute. The circuit court affirmed the OAH’s final order. The Supreme Court reversed the order of the circuit court to the extent it affirmed the OAH’s decision to reinstate Riner’s drivers license despite her refusal to submit to the secondary chemical test, holding that the arresting officer complied with his statutory duties under the implied consent statute. Remanded for the reinstatement of the revocation of Riner’s drivers license.
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