Reed v. Conniff (Signed Opinion)
Annotate this CaseAfter DUI and hit and run charges were filed against Robert Conniff, the West Virginia Division of Motor Vehicles (DMV) notified Conniff that his driver’s license was being revoked for DUI. After a fifth and final hearing, the DMV revoked Conniff’s driving privileges. The circuit court reversed the final order of the DMV and reinstated Conniff’s driver’s license, concluding that the DMV had no authority to continue the initial revocation hearing in view of the fact that the DMV erred in securing the attendance of the investigating officer. The Supreme Court reversed, holding (1) the circuit court erred in ruling that the continuance of the original hearing was lacking in good cause and therefore violated Conniff’s due process rights; but (2) the cumulative effect of multiple continuances and overall delay in this matter warranted an award of attorney fees and costs.
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