Legal Opinion · Concurrence

Carpenter v. CICCHIRILLO

West Virginia Supreme Court

Decided February 28, 2008No. 33654Published

1ConcurrenceAlbright, Justice

(Filed June 18, 2008)

I concur with the result of the majority opinion and write separately only to illumine the unfortunate degree of inconsistency pres*73ent in this Court’s determinations regarding the impact of technical violations of rules and statutes. In the present case, this Court was correct in finding that the arresting officer’s violation of the reporting period did not deprive the DMV of its jurisdiction to consider revocation of Mr. Carpenter’s driver’s license. Certainly, important public interests are at stake in this matter, and an officer’s failure in reporting should not alter…

2Cases cited1 opinion

  1. Guido v. GuidoWest Virginia Supreme Court · 2008

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