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JORDAN v. ROBERTS

No. 14093.

246 S.E.2d 259 (1978)

John Willison JORDAN v. Virginia L. ROBERTS, Commissioner, Department of Motor Vehicles.

Supreme Court of Appeals of West Virginia.

July 11, 1978.

Attorney(s) appearing for the Case

Morton I. Taber, Michael T. Clifford, Taber & Clifford, Charleston, for appellant.

Chauncey H. Browning, Jr., Atty. Gen., Richard L. Gottlieb, Asst. Atty. Gen., Charleston, for appellee.

MILLER, Justice:

John Willison Jordan appeals the suspension of his driver's license by the Commissioner of Motor Vehicles, which action was affirmed by the Circuit Court of Kanawha County. The suspension was based on appellant's refusal to submit to a breathalyzer examination pursuant to the provisions of W.Va.Code, 17C-5A-1, et seq. The principal contention on appeal is that this statute violates his procedural due process rights as guaranteed by our State...

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