Patricia S. Reed, Commissioner, W. Va. DMV v. Robert B. Conniff

WORKMAN, Chief Justice:

Petitioner Patricia S. Reed, 1 Commissioner of the West Virginia Division of Motor Vehicles (hereinafter “DMV”) appeals the order of the Circuit Court of Ohio County, West Virginia, reversing the final order of the DMV and reinstating respondent Robert Conniffs (hereinafter “Conniff’) drivers’ license. The circuit court found that the DMV had no “right or authority” to continue the initial revocation hearing in view of the fact that the DMV failed to properly serve a subpoena on the investigating officer upon written request of Conniff, thereby violating Conniffs due…