Miller v. Toler

WORKMAN, Justice:

This case is before the Court upon the appeal of the Petitioner Joe Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter “the Commissioner”), from an Order of the Circuit Court of Mercer County, West Virginia, reversing the Commissioner’s revocation of the Respondent Christopher L. Toler’s driver’s license. The circuit court found that the Respondent was driving while under the influence of alcohol; however, because the circuit court also found that the vehicle equipment checkpoint at which the Respondent was stopped was unconstitutional, the…