State Ex Rel. Cline v. Maxwell

NEELY, Judge:

This case raises the question of what relief should be granted to licensees whose administrative license revocation hearings are excessively delayed by the West Virginia Department of Motor Vehicles. The revocation hearings for the licensees, all of whom are accused of driving under the influence (DUI), were delayed in excess of six months. After the circuit court found that a six-month delay was a per se deprivation of due process, and ordered the Department to return of the licensees’ operator’s licenses and dismiss the administrative charges, the Department sought a writ of…