Bolton v. Bechtold

This is an appeal by the Commissioner of the West Virginia Department of Motor Vehicles from an order entered by the Circuit Court of Barbour County on January 3, 1986. That order modified a ruling of the Commissioner suspending the driver’s license of Elvis Bolton, the appellee, for ten years for second offense driving under the influence of alcohol. The Commissioner contends that the circuit court erred in making the modification and we agree.

Mr. Bolton was arrested on February 23, 1983 by a Philippi city police officer for operating a motor vehicle while under the influence of alcohol. On…