Ullom v. Miller

BENJAMIN, Justice:

The respondent below and appellant, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (“the Commissioner”), appeals from an order of the Circuit Court of Marshall County, West Virginia, entered on November 12, 2008. In its order, the circuit court reversed the Commissioner’s administrative order revoking appellee’s license to operate a motor vehicle in West Virginia following appellee’s arrest for driving under the influence of an intoxicating substance (“DUI”). In reversing the Commissioner, the circuit court found that the arresting officer did…