Steven O. Dale v. Anthony Ciccone

This is an appeal by Steven 0. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles (hereinafter “DMV”), from an order of the Circuit Court of Kanawha County, West Virginia, reversing the administrative license revocation of Anthony Ciccone (hereinafter “the respondent”). The Office of Administrative Hearings (hereinafter “OAH”) and the circuit court found that the DMV failed to prove that a lawful investigatory traffic stop was accomplished and consequently failed to prove that the respondent was lawfully arrested pursuant to West Virginia Code § 17C-5A-2(f) (2013). Upon…