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FRAZIER v. FOUCH

No. 19-0350.

853 S.E.2d 587 (2020)

Everett FRAZIER, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner v. John H. FOUCH, III, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 6, 2020.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Elaine L. Skorich, Esq. , Assistant Attorney General, Steven E. Dragisich, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for Petitioner.

David Pence, Esq. , Zerbe & Pence, PLLC, Charleston, West Virginia, Nigel E. Jeffries, Esq. , Charleston, West Virginia, Counsel for Respondent.

The Office of Administrative Hearings ("OAH") entered an order affirming the revocation of Respondent John H. Fouch's ("Mr. Fouch") driver's license for driving under the influence of alcohol ("DUI").1 The arresting officer did not attend the OAH hearing but the OAH relied on the officer's DUI...

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