West Virginia Division of Motor Vehicles v. Cline

The West Virginia Division of Motor Vehicles appeals an order of the Circuit Court of Kanawha County, which reversed the Division’s order revoking the driver’s license of Mitchell Cline for driving under the influence and remanded the case to the Division for an administrative hearing within thirty days. The Division contends that circuit court erred in requiring the Division to hold a hearing on the issue of implied consent when the issue of implied consent was not the basis for the Division’s revocation of Mr. Cline’s license. Because the record demonstrates an adequate basis for the…