Harper v. Bechtold

MILLER, Justice:

L.W. Bechtold, Commissioner of the Department of Motor Vehicles, appeals an order of the Circuit Court of Wood County. This order vacated the Commissioner’s order, which had administratively revoked James D. Harper’s driver’s license for a period of six months for driving under the influence of alcohol.

Mr. Harper appealed this revocation to the Circuit Court of Wood County pursuant to W.Va.Code, lTC-SA-^m),1 on June 18, 1985. This section permits an appeal under the Administrative Procedures Act, W.Va. Code, 29A-5-4, which states that such appeals can be made “in either the…