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COOPER v. STUMP

No. 32529.

619 S.E.2d 257 (2005)

217 W.Va. 744

Joseph A. COOPER, Petitioner Below, Appellee v. F. Douglas STUMP, Commissioner of the West Virginia Division of Motor Vehicles, Respondent Below, Appellant

Supreme Court of Appeals of West Virginia.

Decided July 7, 2005.

Dissenting Opinion of Justice Starcher July 14, 2005.

Attorney(s) appearing for the Case

John D. Wooton, Wooton Law Firm, Beckley, for Appellee.

Darrell V. McGraw, Jr., Attorney General, Janet E. James, Assistant Attorney General, Charleston, for Appellant.

PER CURIAM:

Appellant F. Douglas Stump, Commissioner of the West Virginia Division of Motor Vehicles (hereafter "the Commissioner"), appeals the May 24, 2004, order of the Circuit Court of Raleigh County. The circuit court's order reversed the decision of the Commissioner to revoke the license of Appellee Joseph A. Cooper for driving under the influence of alcohol (hereafter "DUI"). For the reasons that follow, we reverse the circuit court's order, and we reinstate...

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