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MILLER v. SMITH

No. 11-0147.

729 S.E.2d 800 (2012)

Joe E. MILLER, Commissioner, Division of Motor Vehicles, Petitioner v. David K. SMITH, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 7, 2012.

Dissenting Opinion of Justice Benjamin July 20, 2012.

Attorney(s) appearing for the Case

Darrell McGraw , Attorney General, Scott E. Johnson , Elaine L. Skorich , Attorney General's Office, Charleston, WV, Counsel for the Petitioner.

Matthew L. Clark , Kayser, Layne & Clark, Point Pleasant, WV, Counsel for the Respondent.

McHUGH, Justice:

This is an appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter "DMV"), from an order of the Circuit Court of Mason County reversing the administrative license revocation of Mr. David K. Smith. Upon thorough review of the record, arguments of the parties, statutory framework, and relevant precedent, this Court reverses the lower court's order and remands this...

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