Miller v. Moredock

MeHUGH, J.:

The West Virginia Division of Motor Vehicles (“DMV”), through its Commissioner, Joe E. Miller, appeals a final order entered August 9, 2010, in the Circuit Court of Kanawha County, in which the circuit court reversed the Commissioner’s order revoking the driver’s license of Appellee John Moredock for a period of six months. The Commissioner argues that the circuit court committed error in concluding that Appellee’s due process rights were violated by the Commissioner’s delay in issuing the revocation order following the administrative hearing.

Upon careful consideration of the…