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W.VA. DIV. OF MOTOR VEHICLES v. CLINE

No. 20629.

423 S.E.2d 882 (1992)

188 W.Va. 273

WEST VIRGINIA DIVISION OF MOTOR VEHICLES, Appellee Below, Appellant, v. Mitchell CLINE, Appellant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 12, 1992.

Attorney(s) appearing for the Case

Mario J. Palumbo, Atty. Gen. and Paul E. Jordan, Asst. Atty. Gen., Charleston, for appellant.

Andrew Chattin, Calwell & McCormick, Charleston, for appellee.

PER CURIAM:

The West Virginia Division of Motor Vehicles appeals an order of the Circuit Court of Kanawha County, which reversed the Division's order revoking the driver's license of Mitchell Cline for driving under the influence and remanded the case to the Division for an administrative hearing within thirty days. The Division contends that circuit court erred in requiring the Division to hold a hearing on the issue of implied consent when the issue of implied consent...

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