Phillips v. West Virginia Division of Motor Vehicles

Terry Lee Phillips (hereinafter “Appellant”) appeals from the April 23, 2009, order of the Circuit Court of Kanawha County denying his petition for a writ of prohibition against the West Virginia Division of Motor Vehicles (hereinafter “DMV”). Appellant alleged in his circuit court petition 1 that DMV had exceeded its authority by improperly designating an out-of-state conviction for a moving violation as a hazardous driving offense. Upon review of the parties’ briefs and oral arguments in light of the pertinent law, we affirm the decision of the circuit court.

I. Factual and Procedural…