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CARPENTER v. CICCHIRILLO

No. 33654.

662 S.E.2d 508 (2008)

Jeffrey D. CARPENTER, Petitioner Below, Appellee, v. Joseph CICCHIRILLO, Commissioner of The West Virginia Division of Motor Vehicles, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 28, 2008.

Attorney(s) appearing for the Case

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

Patrick L. Cottrell, Charleston, WV, for Appellee.

PER CURIAM.

The respondent below and appellant herein, Joseph Cicchirillo, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter "DMV"), appeals from an order entered February 23, 2007, by the Circuit Court of Kanawha County. By that order, the circuit court reversed a DMV order that revoked the driver's license of the petitioner below and appellee herein, Jeffrey Carpenter (hereinafter "Mr. Carpenter"), for driving under the influence of alcohol...

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