Carroll v. Stump

(Filed July 22, 2005)

I concur completely in the decision reached by the majority opinion in this case. I write separately to elaborate on the majority’s interpretation of W. Va.Code § 17C-5A-1 (2004) (Repl.Vol.2004), and to address any misconceptions that may arise from the dissenting opinion regarding the distinctions between an administrative revocation of a driver’s license for driving under the influence of alcohol, controlled substances or drugs (hereinafter referred to as “DUI”), and a criminal conviction for DUI.

While I fully agree with the majority’s conclusion that, under W. Va.Code…