Moten v. Stump

Andrew Moten, appellant/petitioner below (hereinafter referred to as “Mr. Moten”), appeals an order of the Circuit Court of Raleigh County affirming the suspension of his driving privileges by the Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as “the DMV”).1 Mr. Moten argues that the circuit court committed error by not remanding the case on the grounds that: (1) the DMV should have granted his request for a continuance or (2) this Court’s decision in Adkins v. Cline, 216 W.Va. 504, 607 S.E.2d 833 (2004), required that the case be remanded for a new…