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STRICK v. CICCHIRILLO

No. 34135.

683 S.E.2d 575 (2009)

Ryan STRICK, Petitioner Below, Appellant v. Joseph CICCHIRILLO, Commissioner, West Virginia Division of Motor Vehicles, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 1, 2009.

Attorney(s) appearing for the Case

Carter Zerbe, David Pence, Law Office of Carter Zerbe, Charleston, WV, for Appellant.

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

McHUGH, Justice.

Appellant Ryan Strick challenges the October 25, 2007, order of the Circuit Court of Kanawha County upholding the decision of the Appellee Division of Motor Vehicles ("Division") to revoke his operator's license for first offense driving under the influence of alcohol and refusing to submit to a secondary chemical test.1 As grounds for his appeal, Appellant argues that the arresting officer lacked the requisite degree...

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