MOTEN v. STUMP

No. 33220.

648 S.E.2d 639 (2007)

Andrew MOTEN, Plaintiff Below, Appellant, v. F. Douglas STUMP, Commissioner of the West Virginia Division of Motor Vehicles, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 6, 2007.

Concurring Opinion of Justice Albright June 15, 2007.


Attorney(s) appearing for the Case

John D. Wooton, Beckley, for Appellant.

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


PER CURIAM:

Andrew Moten, appellant/petitioner below (hereinafter referred to as "Mr. Moten"), appeals an order of the Circuit Court of Raleigh County affirming the suspension of his driving privileges by the Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as "the DMV").1 Mr. Moten argues that the circuit court committed error by not remanding the case on the grounds that: (1) the DMV should have granted...

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