Carpenter v. CICCHIRILLO

The respondent below and appellant herein, Joseph Cicchirillo, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter “DMV”), appeals from an order entered February 23, 2007, by the Circuit Court of Kanawha County. By that order, the circuit court reversed a DMV order that revoked the driver’s license of the petitioner below and appellee herein, Jeffrey Carpenter (hereinafter “Mr. Carpenter”), for driving under the influence of alcohol (hereinafter “DUI”). On appeal to this Court, the DMV argues that the circuit court’s reinstatement *68of Mr. Carpenter’s license was in error.…