Carroll v. Stump

BENJAMIN, Justice.

This case is before the Court upon the appeal of F. Douglas Stump, Commissioner of the Division of Motor Vehicles,1 (“Commissioner”) from the January 14, 2004, Opinion Order of the Circuit Court of Wayne County, West Virginia. The order set aside the Commissioner’s administrative revocation of the driver’s license of Appellee Gary E. Carroll [Carroll] for a period of six months for driving under the influence of alcohol (“DUI”) in violation of W. Va.Code § 17C-5-2 (2000)2. *750For the reasons set forth below, we reverse the Circuit Court of Wayne County’s January 14, 2004 order…