Steven O. Dale, Acting Comm. W. Va. DMV v. Alberto Veltri

This is an appeal by Steven O. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles (hereinafter “DMV”) 1 , from an order of the Circuit Court of Hancock County reversing a DMV order revoking Mr. Alberto Veltri’s driver’s license for the offense of driving under the influence of alcohol (hereinafter “DUI”). On appeal, the DMV contends that the lower court erred by (1) finding insufficient evidence to warrant the license revocation and essentially imposing upon the DMV an obligation to provide evidence of Mr. Veltri’s blood alcohol level at the precise time he was…