State Ex Rel. State v. Gustke

DAVIS, Justice:

In this original proceeding in prohibition, petitioner Ginny Conley, Prosecuting Attorney for Wood County, seeks to prohibit the Honorable Arthur Gustke, Special Judge of the Circuit Court of Wood County, from enforcing an order dismissing an indictment that charged respondent Mikhail Braverman with “Driving While Under the Influence of Alcohol, Third Offense,” in violation of W. Va.Code § 17C-5-2(k) (1996) (Repl.Vol.1996), and “Driving While License Revoked for Driving While Under the Influence of Alcohol,” in violation of W. Va.Code § 17B-4-3(b) (1994) (Repl.Vol.1996). Judge…