State ex rel. Department of Transportation, Division of Highways v. Sommerville

McHUGH, Justice:

This original proceeding is before the Court upon a petition for a writ of prohibition sought by the West Virginia Department of Transportation, the Division of Highways (a division of the Department of Transportation), and David George, a member of a Division of Highways weighing crew. The respondents are A.L. Sommer-ville, Judge of the Circuit Court of Webster County, Arthur Grimes, and Melvin Cox.

I

On March 29, 1991, a truck driven by respondent Grimes and owned by respondent Cox, was stopped in Webster County by members of a weighing crew of the Division of Highways,…