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IN RE PETITION OF McKINNEY

No. 32748.

625 S.E.2d 319 (2005)

218 W.Va. 557

In re Petition of Scott A. MCKINNEY for Judicial Review of Administrative Decision Made By F. Douglas Stump, Commissioner, Department of Transportation, Division of Motor Vehicles.

Supreme Court of Appeals of West Virginia.

Filed: November 29, 2005.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Janet E. James, Esq., Assistant Attorney General, Charleston, for F. Douglas Stump, Commissioner, West Virginia Division of Motor Vehicles.

Randy D. Hoover, Esq., Beckley, for Scott A. McKinney.

Justice MAYNARD delivered the Opinion of the Court.

Chief Justice ALBRIGHT and Justice STARCHER concur, in part, and dissent, in part and reserve the right to file separate opinions.

MAYNARD, Justice.

Appellant F. Douglas Stump, Commissioner of the West Virginia Division of Motor Vehicles, appeals the November 17, 2004 order of the Circuit Court of Raleigh County that reversed an administrative driver's license revocation. For the reasons that follow...

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