Legal Opinion

Patricia S. Reed, Comm. W.Va. Division of Motor Vehicles v. Joseph D. Pompeo

West Virginia Supreme Court

Decided February 8, 2018No. 17-0175PublishedCited by 6 opinions

1Opinion of the Court

WALKER, Justice:

Joseph D. Pompeo's driver's license was revoked as a result of a traffic stop by Wheeling police officers. The officers observed that Mr. Pompeo appeared to be under the influence of alcohol and performed three field sobriety tests, all of which Mr. Pompeo failed, and a preliminary breath test, which he refused. After his arrest, he claimed that he was unable to perform a secondary chemical test as a result of an undisclosed breathing condition. Mr. Pompeo unsuccessfully challenged the revocation of his license with the Office of Administrative Hearings (OAH) and then appealed…

2Cases cited14 opinions

  1. Michigan v. DeFillippoSupreme Court of the United States · 1979
  2. Maryland v. PringleSupreme Court of the United States · 2003
  3. Muscatell v. ClineWest Virginia Supreme Court · 1996
  4. Martin v. Randolph County Board of EducationWest Virginia Supreme Court · 1995
  5. Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights CommissionWest Virginia Supreme Court · 1983

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3Cited by6 opinions

  1. Pat Reed, Commissioner of the WV DMV v. Joseph M. WinesburgWest Virginia Supreme Court · 2019
  2. Everett Frazier, Commissioner, West Virginia Department of Motor Vehicles v. Richard Hillberry, IIWest Virginia Supreme Court · 2022
  3. Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Steve BriscoeWest Virginia Supreme Court · 2023
  4. Pat Reed, Commissioner of the WV DMV v. Doreen GrillotWest Virginia Supreme Court · 2019
  5. Scott Lemley, in his official capacity as Assessor of Wetzel County, West Virginia v. MarkWest Liberty Midstream & Resources, LLC, MarkWest Liberty Ethane Pipeline, LLC, and MarkWest Liberty NGL Pipeline, LLCIntermediate Court of Appeals of West Virginia · 2025

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