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PHILLIPS v. WV. DIV. OF MOTOR VEHICLES

No. 35436.

704 S.E.2d 645 (2010)

Terry Lee PHILLIPS, Petitioner Below, Appellant v. WEST VIRGINIA DIVISION OF MOTOR VEHICLES, Joseph Cicchirillo, Commissioner, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Steven M. Thorne , Cook & Cook, Madison, WV, for Appellant.

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

PER CURIAM:

Terry Lee Phillips (hereinafter "Appellant") appeals from the April 23, 2009, order of the Circuit Court of Kanawha County denying his petition for a writ of prohibition against the West Virginia Division of Motor Vehicles (hereinafter "DMV"). Appellant alleged in his circuit court petition1 that DMV had exceeded its authority by improperly designating an out-of-state conviction for a moving violation as a hazardous driving...

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