Simon v. West Virginia Department of Motor Vehicles

NEELY, Justice:

The appellee, Leslie Simon, was arrested just after midnight on 25 July 1986 for driving under the influence of alcohol. The arresting officer, a state trooper, advised appellee of the implied consent law and requested that he take a breathalyzer test, which appellee refused to do. The arrest was reported to the West Virginia Department of Motor Vehicles. The DMV revoked appellee’s license, and appellee requested an administrative hearing pursuant to W.Va.Code, 17C-5A-2 [1986].

Based on evidence taken at the hearing, the hearing examiner found that the trooper had probable cause…