Smith v. Bechtold

BROTHERTON, Justice:

This is an appeal by the Commissioner of the West Virginia Department of Motor Vehicles from an order of the Circuit Court of Harrison County entered on May 28, 1992. That order reversed a decision by the Commissioner revoking Jackson L. Smith’s license to drive a motor vehicle for a period of one year. On appeal, the Commissioner claims that the lower court erred in reversing the revocation of Mr. Smith’s license without finding prejudice to his rights pursuant to W.Va.Code § 29A-5-4. The Commissioner also claims that the lower court exceeded its statutory authority by…