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CLOWER v. WV. DEPT. OF MOTOR VEHICLES

No. 34329.

678 S.E.2d 41 (2009)

Chad R. CLOWER, Petitioner Below, Appellee v. WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES, Joseph Cicchirillo, Commissioner, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 4, 2009.

Attorney(s) appearing for the Case

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

Carter Zerbe, Esq., Charleston, WV, Alan Riley, Esq., Romney, WV, for Appellee.

KETCHUM, J.

The respondent below and appellant, Joseph Cicchirillo, Commissioner of the West Virginia Division of Motor Vehicles ("the Commissioner"), appeals from an order of the Circuit Court of Hampshire County entered on the November 15, 2007. In its order, the circuit court reversed the Commissioner's administrative order revoking appellee's license to operate a motor vehicle in West Virginia following appellee's arrest for driving under the influence ("DUI"...

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