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IN RE BURKS

No. 25897.

525 S.E.2d 310 (1999)

206 W.Va. 429

In re Petition of Dennis H. BURKS for Judicial Review of Administrative Decision Made by Joe E. Miller, Commissioner, Department of Transportation, Division of Motor Vehicles, Suspending the License of Dennis H. Burks to Operate a Motor Vehicle.

Supreme Court of Appeals of West Virginia.

Decided December 3, 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.

Randy D. Hoover, Esq., Stanley I. Selden, Beckley, West Virginia, Attorney for Petitioner.

STARCHER, Chief Justice:

I.

Facts & Background

On December 26, 1997, the appellee, Dennis H. Burks ("Burks"), was arrested in Beckley for driving under the influence of alcohol ("DUI") by Deputy L.D. Lilly of the Raleigh County Sheriff's Department. After failing field sobriety tests administered by Deputy Lilly, Burks was taken to a police station and given a chemical breath test, which registered an alcoholic concentration in the appellee...

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