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STATE OF WEST VIRGINIA EX REL. VIRGINIA DIV. OF MOTOR VEHICLES v. SWOPE

No. 13-0005.

742 S.E.2d 438 (2013)

State of West Virginia ex rel. Commissioner, West VIRGINIA DIVISION OF MOTOR VEHICLES, Petitioner v. The Honorable Derek SWOPE, Judge of the Circuit Court of Mercer County and Brandon White, Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 25, 2013.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Elaine L. Skorich, Esq. , Assistant Attorney General, Charleston, WV, for the Petitioner.

R. Thomas Czarnik, Esq. , R. Thomas Czarnik & Associates, Princeton, WV, for Brandon White.

PER CURIAM:

This original proceeding is before this Court upon the petition of the Commissioner of the West Virginia Division of Motor Vehicles seeking to prohibit further consideration in the Circuit Court of Mercer County of Brandon White's appeal from the order of the Office of Administrative Hearings upholding the revocation of White's driver's license.

White's license was revoked by the Commissioner in 2011 for driving under the influence of alcohol....

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