Miller v. Wood

BENJAMIN, Justice:

These two consolidated appeals are brought before the Court by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as “the Commissioner”), the petitioner herein, challenging two separate orders of the Circuit Court of Kanawha County holding that the nolo contendere pleas of the respondents, Justin Brant Wood and Mark Thompson [“respondents”], do not constitute convictions under W. Va.Code § 17C-5A-la(e) (2010), thus entitling each of the respondents to an administrative hearing prior to having their drivers’ licenses revoked.…