STATE EX REL. CLINE v. MAXWELL

No. 21508.

432 S.E.2d 32 (1993)

189 W.Va. 362

STATE of West Virginia ex rel. Jane L. CLINE, Commissioner, West Virginia Department of Motor Vehicles, Petitioner, v. Honorable Frank J. MAXWELL, Judge of the Circuit Court of Harrison County; Craig Swann; Dale R. Sinclair; Robert Kern; Jackie Thompson; Jon Davis; Tom Casey; Mike Skinner; Bruce Davis; Robert Closson; Debbie Cooper; Robert Moyer; Hobert Powers; Clifford Wilfong; Melvin Lantz; William Gordon; Joe Shuman; Doug Snider; and Frederick Bumgardner, Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 8, 1993.


Attorney(s) appearing for the Case

Darrell McGraw, Atty. Gen., Paul E. Jordan, Sr. Asst. Atty. Gen., Claude S. Smith, III, Asst. Atty. Gen., Charleston, for petitioner.

Jerald E. Jones, West and Jones, Clarksburg, for respondent Frederick Bumgardner.

James A. Matish, Clarksburg, for other individual respondents.


NEELY, Judge:

This case raises the question of what relief should be granted to licensees whose administrative license revocation hearings are excessively delayed by the West Virginia Department of Motor Vehicles. The revocation hearings for the licensees, all of whom are accused of driving under the influence (DUI), were delayed in excess of six months. After the circuit court found that a six-month delay was a per se...

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