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SHIPPERS' CHOICE OF VIRGINIA, INC. v. SMITH

Record No. 2024-07-2.

660 S.E.2d 695 (2008)

52 Va. App. 34

SHIPPERS' CHOICE OF VIRGINIA, INC. v. D.B. SMITH, Commissioner, Virginia Department of Motor Vehicles.

Court of Appeals of Virginia, Richmond.

May 20, 2008.

Attorney(s) appearing for the Case

William H. Shewmake (Joseph McGrath; Shewmake & Baronian, P.C., on briefs), Richmond, for appellant.

Eric K.G. Fiske, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and CLEMENTS and BEALES, JJ.

RANDOLPH A. BEALES, Judge.

Shippers' Choice of Virginia, Inc. (Shippers' Choice) appeals from the trial court's affirmation of the decision of a hearing officer for the Department of Motor Vehicles (DMV). Shippers' Choice claims the hearing officer ignored the clear language of the Code and the DMV regulations when he found the company had violated 24 VAC 20-120-180(A)(10).2 For the reasons stated below, we agree and reverse the trial...

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