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CARROLL v. STUMP

No. 32501.

619 S.E.2d 261 (2005)

217 W.Va. 748

Gary E. CARROLL, 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 by Chief Justice Albright July 8, 2005.

Concurring Opinion by Justice Davis July 22, 2005.

Attorney(s) appearing for the Case

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

R. Lee Booten, II, Huntington, for Appellee.

BENJAMIN, Justice.

This case is before the Court upon the appeal of F. Douglas Stump, Commissioner of the Division of Motor Vehicles,1 ("Commissioner") from the January 14, 2004, Opinion Order of the Circuit Court of Wayne County, West Virginia. The order set aside the Commissioner's administrative revocation of the driver's license of Appellee Gary E. Carroll [Carroll] for a period of six months for driving under the influence of alcohol...

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