Whaley v. Driver & Motor Vehicle Services Division

The Department of Transportation, Driver and Motor Vehicle Services Division (DMV) appeals a circuit court judgment that set aside a DMV order that suspended petitioner’s driving privileges for one year because petitioner had refused to submit to a breath test after being arrested for DUII. DMV contends that the circuit court erred in setting the suspension order aside because none of the issues raised by petitioner before the circuit court was raised before the administrative law judge (ALJ) who had issued the DMV order, and, hence, the circuit court lacked a lawful basis to set the order…