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MOCZEK v. BECHTOLD

No. 17554.

363 S.E.2d 238 (1987)

Michael J. MOCZEK v. W. BECHTOLD, Commissioner, Dept. of Motor Vehicles.

Supreme Court of Appeals of West Virginia.

October 21, 1987.

Attorney(s) appearing for the Case

Frank Cuomo, Jr., Wellsburg, for Moczek.

Scott A. Ash, Asst. Atty. Gen., for Bechtold.

NEELY, Justice:

The appellant, Michael Moczek, was arrested on 25 May 1985, by State Trooper C. White, for driving under the influence of alcohol. Trooper White had observed Mr. Moczek's car weaving back and forth, and after stopping Mr. Moczek, Trooper White noticed that the appellant had glassy eyes, slurred speech and difficulty walking. After Trooper White advised appellant of the West Virginia implied consent law,...

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