David v. Commissioner of the West Virginia Division of Motor Vehicles

In this case we hold that the West Virginia Department of Motor Vehicles is responsible for the expert witness fees and attorney fees of a licensee who was denied due process of law in connection with a driver’s license revocation proceeding.

I

Facts & Background

The appellant, Daniel David, was charged on or about February 24, 2004, by Trooper C.L. Adkins of the West Virginia Department of Public Safety with driving under the influence of alcohol. On March 4, 2004, the appellee, the Commissioner of the West Virginia Department of Motor Vehicles (“DMV”) issued an order revoking the appellant’s…