Sims v. Miller

DAVIS, Justice:

In this ease, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as “Commissioner Miller”), respondent below and appellant, appeals an order of the Circuit Court of Nicholas County that reversed Commissioner Miller’s “Remand Final Order,” which revoked the driver’s license of Mr. Edward L. Sims, II (hereinafter referred to as “Mr. Sims”), petitioner below and appellee, following Mr. Sims’ arrest for Driving under the Influence of Alcohol. On appeal, Commissioner Miller assigns error to the circuit court’s conclusions that…