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STATE BY WEST VA. DEPT. OF MOT. VEH. v. HILLYARD

No. 15795.

309 S.E.2d 105 (1983)

STATE of West Virginia by W. VA. DEPT. OF MOTOR VEHICLES v. Thomas J. HILLYARD.

Supreme Court of Appeals of West Virginia.

November 14, 1983.

Attorney(s) appearing for the Case

Chauncey H. Browning, Atty. Gen. and Gregory W. Bailey, Deputy Atty. Gen., Charleston, for appellant.

Douglass & Douglass and Daniel B. Douglass, Parkersburg, for appellee.

MILLER, Justice:

The Department of Motor Vehicles (hereinafter DMV) contends that the Circuit Court of Wood County erred when it set aside the administrative revocation of appellee's license to operate a motor vehicle. The circuit court held that W.Va.Code, 17C-5-7 (1981), requires that an arresting officer give "a written statement advising him [the person under arrest] of the possible criminal and civil penalties for such refusal," and therefore an oral statement...

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