Legal Opinion · Dissent

Patricia S. Reed, Comm. W. Va. Division of Motor Vehicles v. James Pettit

West Virginia Supreme Court

Decided May 13, 2015No. 14-0372Published

1DissentDavis, Justice

In this proceeding, DMV asked this Court to reinstate its order revoking Mr. Pettit’s *456driver’s license. The majority opinion found that Mr. Pettit’s driver’s license was properly revoked and reinstated DMVs revocation order. For the reasons set out below, I respectfully dissent.

Mr. Pettit Was Unlawfully Stopped at an Illegally Held Sobriety Checkpoint

This was a simple case. However, the majority has used this case to completely destroy our well-settled principles of law regarding sobriety checkpoint roadblocks. Pri- or to the majority opinion in this case, our law was quite clear about what…

2Cases cited10 opinions

  1. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  2. United States v. Juan Benet JohnsonCourt of Appeals for the Seventh Circuit · 1999
  3. United States v. Judith Ann Huguenin (97-5152) and William A. Martin (97-5160)Court of Appeals for the Sixth Circuit · 1998
  4. Jo Dee Brouhard, Kenneth Nels Doll, Kathleen Field, Ronald Eugene Hollar, Cherri Ann McKay Twyla Jane Peery, Richard Glen Stover, Richard Edward Wasson, Robert Eugene Williams, Sarah Leah Johnson, Rocky Lee Harmon, Raymond Julius Herron, Ronald Gene Narx, Andrew James Finken, David Eugene Todd, Christian Paul Lane, Michael Ray Potter, and Tamara Gem Peltier, Jamie Thrash-Rohde v. Andy Lee, Individually and as Sheriff of Benton County, Arkansas Gunter Lindermeir Mark Pitts Mark Unidano All Individually and as Benton County Deputy Sheriffs and the Following Law Enforcement Officers, All Individually and as Benton County Deputy Sheriffs, Officers John Doe 1-10, Jo Dee Brouhard, Kenneth Nels Doll, Kathleen Field, Ronald Eugene Hollar, Cherri Ann McKay Twyla Jane Peery, Richard Glen Stover, Richard Edward Wasson, Robert Eugene Williams, Sarah Leah Johnson, Rocky Lee Harmon, Raymond Julius Herron, Ronald Gene Narx, Andrew James Finken, David Eugene Todd, Christian Paul Lane, Michael Ray Potter, and Tamara Gem Peltier, Jamie Thrash-Rohde v. Andy Lee, Individually and as Sheriff of Benton County, Arkansas Gunter Lindermeir Mark Pitts Mark Unidano All Individually and as Benton County Deputy Sheriffs and the Following Law Enforcement Officers, All Individually and as Benton County Deputy Sheriffs, Officers John Doe 1-10Court of Appeals for the Eighth Circuit · 1997
  5. Commonwealth v. GaribaySuperior Court of Pennsylvania · 2014

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