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COLL v. CLINE

No. 24973.

505 S.E.2d 662 (1998)

202 W.Va. 599

John Christopher COLL, Petitioner Below, Appellee, v. Jane L. CLINE, Commissioner of the West Virginia Division of Motor Vehicles, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Jacquelyn I. Custer, Senior Assistant Attorney General, Charleston, for Appellant.

James A. Matish, Clarksburg, for Appellee.

DAVIS, Chief Justice:

In this case, the Commissioner of the West Virginia Division of Motor Vehicles appeals an order of the Circuit Court of Harrison County that reversed a final order of the Commissioner revoking the driver's license of John C. Coll. The Commissioner argues that the circuit court erred in concluding that the results of a secondary chemical test to determine the blood alcohol concentration of an individual...

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