Reed v. Haynes (Signed Opinion)
Annotate this CaseIn 2012, Petitioner was arrested for driving under the influence (DUI). The West Virginia Division of Motor Vehicles (DMV) sent Petitioner an order of revocation revoking Petitioner’s driving privileges and enhancing her penalty based on a 2003 license revocation. The Office of Administrative Hearings (OAH) affirmed the revocation of Petitioner’s driver’s license. Petitioner filed a petition for review and writ of prohibition alleging that the 2003 DUI denied her due process rights because notice was mailed to an address from which she had moved. The circuit court granted Petitioner’s writ of prohibition to exclude the previous DUI offense from enhancing the current penalty, concluding that the 2003 DUI “controverts justice.” The Supreme Court reversed, holding that because Petitioner failed timely to contest the 2003 revocation order, the circuit court erred as a matter of law by granting Petitioner’s writ of prohibition to prevent the DMV from enhancing her 2012 DUI penalty based on her 2003 revocation.
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