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CHOMA v. WEST VIRGINIA DMV

No. 28890.

557 S.E.2d 310 (2001)

210 W.Va. 256

Patricia D. CHOMA, Petitioner below, Appellant, v. WEST VIRGINIA DIVISION OF MOTOR VEHICLES, Respondent below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 28, 2001.

Concurring Opinion of Justice Maynard November 30, 2001.

Attorney(s) appearing for the Case

Raymond H. Yackel, Esq., Morgantown, West Virginia, Attorney for Appellant.

Darrell V. McGraw, Jr., Attorney General, Janet E. James, Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellee.

STARCHER, Justice:

In the instant case we reverse a decision of the West Virginia Commissioner of Motor Vehicles suspending a driver's license.

I.

Facts & Background

The appellant, Patricia D. Choma, appeals from an order of the Circuit Court of Monongalia County dated May 19, 2000, affirming an administrative decision of the West Virginia State commissioner of motor vehicles ("the...

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