Dale v. Sizemore (Signed Opinion)
Annotate this CasePetitioner, the Acting Commissioner of the West Virginia Division of Motor Vehicles (Commissioner), revoked Respondent’s driver’s license on the grounds of driving under the influence of alcohol and refusal to submit to a secondary chemical breath test. Respondent timely requested an administrative hearing before the Division of Motor Vehicles (DMV) to challenge the order. Because the arresting officer failed to attend the first day of the hearing, the Commissioner sua sponte scheduled the license revocation matter for a further hearing. Respondent filed a petition for a writ of prohibition and an application for stay in the circuit court seeking to prohibit the DMV from conducting a second day of the hearing. The circuit court granted the petition, concluding that the Commissioner disregarded the procedural law for DMV hearings by scheduling a second hearing when the first hearing “[did] not proceed in a manner that benefits the Commissioner.” The Supreme Court reversed, holding that the Commissioner acted within his legitimate powers by adjourning and continuing the hearing to a later day in order to secure the officer’s testimony, and therefore, the circuit court erred in granting this writ of prohibition.
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