Hinkle v. Bechtold

The appellant, L.W. Bechtold, Commissioner of the West Virginia Department of Motor Vehicles, appeals from an order of the Circuit Court of Webster County setting aside an administrative order of the Commissioner which suspended the license of Garry L. Hinkle, the appellee, to operate a motor vehicle for driving under the influence of alcohol. For the reasons set forth below, we hold that the suspension of the appellee’s license was proper, and we reverse.

Garry Hinkle was arrested on May 9, 1982 for driving under the influence of alcohol. At approximately midnight, Officer George Settles of…