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STALNAKER v. ROBERTS

Nos. 15176, 15358.

287 S.E.2d 166 (1982)

William Bryce STALNAKER v. Virginia L. ROBERTS, Com'r, etc. STATE ex rel. Lawrence L. PARRISH v. Virginia L. ROBERTS, Com'r, etc.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 23, 1982.

Attorney(s) appearing for the Case

Chauncey H. Browning, Atty. Gen. and S. Clark Woodroe, Asst. Atty. Gen., Charleston, for appellant.

Albright, Fluharty, Bradley & Townsend, Joseph P. Albright and Robert A. Ellison, Parkersburg, for appellee Stalnaker.

Sullivan & Cowan, John J. Cowan and George Castelle, Charleston, for appellee Parrish.

NEELY, Justice:

These two appeals by the State of West Virginia present the question of the appropriate forum for a collateral attack upon old traffic convictions. Under W.Va.Code, 17C-5-2 [1976] the Commissioner of Motor Vehicles is required to revoke the driver's license of any person convicted of drunk driving, and the period of revocation is determined by the number of convictions that the person has. Consequently, the validity

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