Hinerman v. West Virginia Department of Motor Vehicles

The West Virginia Department of Motor Vehicles appeals an order of the Circuit Court of Marshall County requiring the Department to hold a second administrative hearing concerning the revocation of Robert J. Hinerman’s license for driving under the influence (DUI). The Department maintains that a second hearing should not be required to take Mr. Hinerman’s testimony because Mr. Hinerman, after proper notification, chose not to appear at his administrative hearing. Because the record does not show that Mr. Hinerman’s rights were prejudiced, we find that a second hearing should not be required…