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IN RE MATHERLY

No. 17036.

354 S.E.2d 603 (1987)

In re Petition by James M. MATHERLY for Judicial Review of Administrative Decision Made by Thomas J. Stevens, Commissioner, Etc.

Supreme Court of Appeals of West Virginia.

February 25, 1987.

Attorney(s) appearing for the Case

Doren Burrell, Asst. Atty. Gen., Charleston, for appellant.

Randy D. Hoover, Meadows, Crews, Hoover & Truman, Beckley, for appellee.

NEELY, Justice:

This is an appeal from a circuit court order setting aside an order of the Commissioner of Motor Vehicles. On 25 July 1984 Trooper C.E. Dorsey, III, saw the appellee, Mr. James Matherly, run a red light. The trooper signaled Mr. Matherly to stop, and Mr. Matherly pulled off of the road into a parking lot. While speaking to the appellee, Trooper Dorsey noticed that the appellee had a glassy stare and smelled of alcohol. When the trooper asked Mr. Matherly...

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