Dale v. Veltri (Per Curiam Opinion)
Annotate this CaseThe West Virginia Division of Motor Vehicles (DMV) revoked Respondent's driver's license for the offense of driving under the influence of alcohol (DUI). The circuit court reversed the DMV's order, reasoning that (1) the DMV failed to prove Respondent's alcohol content at the actual time of driving the vehicle; (2) the DMV did not comply with Muscatell v. Cline, which requires a hearing officer to address credibility issues in a reasoned manner; and (3) the failure of the investigating officer to appear at the license revocation hearing required the dismissal of the case against Respondent. The Supreme Court reversed, holding (1) because the breath test was administered within two hours of Respondent's arrest, the evidence resulting therefrom was admissible as prima facie evidence that Respondent was under the influence of alcohol while driving; (2) Muscatell's requirement in this case was adequately satisfied by the hearing examiner; and (3) the circuit court improperly relied on an outdated rule in finding that dismissal of the case was required where the arresting officer was not present at the hearing. Remanded for reinstatement of the DMV order revoking Respondent's driver's license.
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