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HARRISON v. DIV. OF MOTOR VEHICLES

Nos. 34970, 34971.

697 S.E.2d 59 (2010)

John Brian HARRISON, Petitioner Below, Appellee v. COMMISSIONER, DIVISION OF MOTOR VEHICLES, Respondent Below, Appellant Kenneth E. Reese, Jr., Petitioner Below, Appellee v. Commissioner, Division of Motor Vehicles, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 3, 2010.

Attorney(s) appearing for the Case

Janet E. James, Attorney General's Office, Charleston, WV, for Appellant.

Neal J. Hamilton, Fairmont, WV, for Appellee, John Brian Harrison.

David W. Frame, Clarksburg, WV, for Appellee, Kenneth E. Reese, Jr.

McHUGH, Justice:

In these consolidated cases, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles1 (hereinafter "Commissioner" or "DMV"), Department of Transportation, appeals two circuit court orders, each of which modified the terms of a driver's license revocation order for driving under the influence of alcohol (hereinafter "DUI"). More precisely, DMV is appealing the March 30, 2009, order of the Circuit Court...

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