Cain v. West Virginia Division of Motor Vehicles

McHUGH, Justice:

The West Virginia Division of Motor Vehicles (“DMV”), through its Commissioner, Joe E. Miller, 1 appeals the January 5, 2009, order of the Circuit Court of Marion County by which the trial court reversed the Commissioner’s revocation of the driver’s license of Appellee Eric R. Cain. According to the Commissioner, the trial court erred in ruling that the arresting officer lacked the predicate basis for concluding that a crime had been committed at the time of Mr. Cain’s arrest for driving under the influence (“DUI”). Based upon our conclusion that the trial court applied an…