Shumate v. West Virginia Department of Motor Vehicles

McHUGH, Justice:

In this case, the West Virginia Department of Motor Vehicles appeals the final order of the Circuit Court of Raleigh County. The appellee is Vince P. Shumate. This Court has reviewed the petition for appeal, all matters of record, and briefs of the parties. We are of the opinion that the final order of the Circuit Court of Raleigh County should be reversed.

I

On March 8, 1980, the appellee was arrested for driving under the influence of alcohol, in violation of W.Va.Code, 17C-5-2 [1976], which was in effect at the time. That statute, in pertinent part, provided:(a) It is…