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IN RE PETREY

No. 26436.

525 S.E.2d 680 (1999)

206 W.Va. 489

In re Petition of Steven C. PETREY for Judicial Review of Administrative Decision Made by Joe E. Miller, Commissioner, Department of Transportation, Division of Motor Vehicles, Suspending the License of Steven C. Petrey to Operate a Motor Vehicle.

Supreme Court of Appeals of West Virginia.

Decided December 10, 1999.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Jacquelyn I. Custer, Esq., Senior Assistant Attorney General, Charleston, West Virginia, Attorneys for Joe E. Miller, Commissioner.

Stanley I. Selden, Esq., and Randy D. Hoover, Esq., Beckley, West Virginia, Attorneys for Steven C. Petrey.

STARCHER, Chief Justice:

In the instant case we reverse a circuit court ruling that held that the West Virginia Division of Motor Vehicles ("DMV") could not revoke a driver's license for driving under the influence because the DMV was late in scheduling a hearing.

I.

Facts & Background

The Circuit Court of Raleigh County, by order dated January 15, 1999, reversed an administrative order by the Commissioner of the DMV that revoked...

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