Noble v. West Virginia Department of Motor Vehicles

This is an appeal by Joseph Cicchirillo, the Commissioner of the West Virginia Department of Motor Vehicles (“the Commissioner”), from an order entered by the Circuit Court of Kanawha County on November 16, 2007. The circuit court reversed the Commissioner’s administrative order revoking Sharon Noble’s license to drive following her arrest for driving under the influence.

After careful consideration of the record, we reverse the judgment of the circuit court.

I

Facts & Background

On January 12, 2007, appellee Sharon Noble was arrested by a city police officer in Ronceverte, West Virginia, and…