Steven O. Dale, Acting Comm. DMV v. Donna L. McCormick

This appeal was brought by Steven 0. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles (“DMV”), 1 from an order of the Circuit Court of Lincoln County that reinstated the revoked driver’s license of Donna L. McCormick. Before this Court, DMV contends that the circuit court erred in disregarding evidence of field sobriety and intoximeter tests and in determining that DMVs revocation order was biased, prejudicial and reached in a preconceived manner. After a careful review of the briefs, record submitted on appeal and listening to the arguments of the parties, 2 we…