State Ex Rel. Commissioner, West Virginia Division of Motor Vehicles v. Swope

This original proceeding is before this Court upon the petition of the Commissioner of the West Virginia Division of Motor Vehicles seeking to prohibit further consideration in the Circuit Court of Mercer County of Brandon White’s appeal from the order of the Office of Administrative Hearings upholding the revocation of White’s driver’s license.

White’s license was revoked by the Commissioner in 2011 for driving under the influence of alcohol. Following an unsuccessful challenge before the Office of Administrative Hearings, White filed an appeal in circuit court. In an order entered on…