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MILLER v. TOLER

No. 11-0352.

729 S.E.2d 137 (2012)

Joe E. MILLER, Commissioner of the West Virginia Division of Motor Vehicles, Defendant Below, Petitioner v. Christopher L. TOLER, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 6, 2012.

Dissenting Opinion of Justice Benjamin July 20, 2012.

Attorney(s) appearing for the Case

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

Charles A. Stacy, Esq. , Bluefield, VA, for the Respondent.

WORKMAN, Justice:

This case is before the Court upon the appeal of the Petitioner Joe Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter "the Commissioner"), from an Order of the Circuit Court of Mercer County, West Virginia, reversing the Commissioner's revocation of the Respondent Christopher L. Toler's driver's license. The circuit court found that the Respondent was driving while under the influence of alcohol; however, because the...

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