Legal Opinion

In Re Matherly

West Virginia Supreme Court

Decided February 25, 1987No. 17036PublishedCited by 9 opinions

1Opinion of the Court

NEELY, Justice:

This is an appeal from a circuit court order setting aside an order of the Commissioner of Motor Vehicles. On 25 July 1984 Trooper C.E. Dorsey, III, saw the appellee, Mr. James Matherly, run a red light. The trooper signaled Mr. Matherly to stop, and Mr. Matherly pulled off of the road into a parking lot. While speaking to the appel-lee, Trooper Dorsey noticed that the appel-lee had a glassy stare and smelled of alcohol. When the trooper asked Mr. Matherly to get out of the car, Mr. Matherly nearly fell.

Trooper Dorsey then arrested Mr. Math-erly for driving while under the…

2Cases cited6 opinions

  1. Jordan v. RobertsWest Virginia Supreme Court · 1978
  2. State Department of Motor Vehicles v. McElwainWashington Supreme Court · 1972
  3. State Department of Highways v. NormandinSupreme Court of Minnesota · 1969
  4. State v. BaileyWest Virginia Supreme Court · 1975
  5. Garcia v. Department of Motor VehiclesOregon Supreme Court · 1969

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Cunningham v. BechtoldWest Virginia Supreme Court · 1991
  2. Cartwright v. Director of RevenueMissouri Court of Appeals · 1991
  3. Hollis v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 2008
  4. Gibbs v. BechtoldWest Virginia Supreme Court · 1988
  5. Malkowsky v. Texas Department of Public Safety, Texas Court of Appeals, 1st District (Houston)2001

4 more not listed; retrieve them via the Exa API.

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