Miller v. Cline

CLECKLEY, Justice:

The appellant, Jane L. Cline, Commissioner of the Department of Motor Vehicles (DMV), appeals the May 27, 1993, order of the Circuit Court of Mineral County which concluded, inter alia, that the appellee, Mark A Miller,1 was not entitled to an administrative hearing because his driver’s license was being revoked for a second offense of driving under the influence (DUI) pursuant to W.Va. Code, 17B-3-5 (1986),2 as the result of an out-of-state conviction. The circuit court’s order also provided that Mr. Miller was not denied due process by the DMVs delay in initiating the…