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MILLER v. CHENOWETH

No. 11-0148.

727 S.E.2d 658 (2012)

Joe E. MILLER, Commissioner, West Virginia Department of Transportation, Division of Motor Vehicles, Petitioner v. Michael CHENOWETH, Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 10, 2012.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr. , Attorney General, Scott E. Johnson , Elaine L. Skorich , Assistant Attorney General, Charleston, WV, for Petitioner.

George J. Cosenza , Parkersburg, WV, for Respondent.

PER CURIAM:

This appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as "Commissioner Miller"), the petitioner herein, challenges a circuit court finding that a law enforcement officer conducted an illegal stop of a driver suspected of driving under the influence of alcohol, and the circuit court's application of the exclusionary rule to an administrative driver's license revocation proceeding. Because we...

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