Dale v. Knopp (Signed Opinion)
Annotate this CaseAfter Petitioner was arrested for driving under the influence (DUI) The Department of Motor Vehicles (DMV) notified Petitioner that his license would be revoked for DUI. Petitioner timely requested an administrative hearing. Because Petitioner's arresting officer did not appear at the hearing, the Commissioner of the DMV reversed the order of revocation and dismissed the case. Petitioner then pled guilty to DUI. When the DMV received notice of the guilty plea, it revoked Petitioner's license for six months. Petitioner filed a petition for writ of prohibition. The circuit court dissolved the revocation order and reinstated Petitioner's license, finding that the Commissioner's order rescinding the previous administrative revocation served to reinstate Petitioner's license and that subsequent revocation was prohibited by operation of W. Va. Code 17C-5A-1a(d). The Supreme Court reversed, holding that the circuit court erred in its interpretation and application of section 17C-5A-1a(d) to reverse Petitioner's mandatory revocation.
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