CAIN v. DIV. OF MOTOR VEHICLES

No. 35013.

694 S.E.2d 309 (2010)

Eric R. CAIN, Petitioner Below, Appellee v. The WEST VIRGINIA DIVISION OF MOTOR VEHICLES, and Joe E. Miller, Commissioner, Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided May 6, 2010.


Attorney(s) appearing for the Case

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

Charles E. Anderson, Fairmont, WV, for the Appellee.


McHUGH, Justice:

The West Virginia Division of Motor Vehicles ("DMV"), through its Commissioner, Joe E. Miller,1 appeals the January 5, 2009, order of the Circuit Court of Marion County by which the trial court reversed the Commissioner's revocation of the driver's license of Appellee Eric R. Cain. According to the Commissioner, the trial court erred in ruling that the arresting officer lacked the predicate basis for concluding that a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases