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MILLER v. MOREDOCK

No. 11-0081.

726 S.E.2d 34 (2011)

Joe E. MILLER, Commissioner of the Department of Motor Vehicles, Respondent Below, Petitioner, v. John MOREDOCK, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2011.

Attorney(s) appearing for the Case

Janet James , Office of the Attorney General, Charleston, WV, for Petitioner.

Carter Zerbe , David Pence , Charleston, WV, for Respondent.

McHUGH, J.:

The West Virginia Division of Motor Vehicles ("DMV"), through its Commissioner, Joe E. Miller, appeals a final order entered August 9, 2010, in the Circuit Court of Kanawha County, in which the circuit court reversed the Commissioner's order revoking the driver's license of Appellee John Moredock for a period of six months. The Commissioner argues that the circuit court committed error in concluding that Appellee's due process rights were violated by the...

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