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DALE v. McCORMICK

No. 12-0153.

749 S.E.2d 227 (2013)

Steven O. DALE, Acting Commissioner of the West Virginia Division of Motor Vehicles, Petitioner v. Donna L. McCORMICK, Respondent.

Supreme Court of Appeals of West Virginia.

Decided September 26, 2013.

Attorney(s) appearing for the Case

Janet E. James , Senior Assistant Attorney General, Charleston, WV, for Petitioner.

David O. Moye , Hurricane, WV, for Respondent.

PER CURIAM:

This appeal was brought by Steven O. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles ("DMV"),1 from an order of the Circuit Court of Lincoln County that reinstated the revoked driver's license of Donna L. McCormick. Before this Court, DMV contends that the circuit court erred in disregarding evidence of field sobriety and intoximeter tests and in determining that DMV's revocation order was biased,...

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