State ex rel. Miller v. Circuit Court (Signed Opinion)
Annotate this CaseThe Commissioner of the Division of Motor Vehicles revoked the driving privileges of Respondents for driving under the influence of alcohol. After Respondents filed petitions for review of the administrative orders, the circuit courts granted Respondents' motions for stay of the revocation. The Commissioner sought to prohibit the circuit courts from entering orders staying the license revocations of Respondents, alleging that the circuit courts exceeded their jurisdiction and violated the requirements of W. Va. 17C-5A-2(s) and applicable case law by failing to (1) require Respondents to present evidence that there was a substantial probability that Respondents would prevail on the merits and the Respondents would suffer irreparable harm if the orders were not stayed, (2) provide findings of fact and conclusions of law in the orders, and (3) limit the stays to 150 days. The Supreme Court granted the Commission relief in prohibition, holding that the stay orders violated the requirements of section 17C-5A-2(s) and applicable case law, and therefore, the circuit courts exceeded their jurisdiction in granting Respondents' respective motions.
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