Dolin v. Roberts

McGRAW, Justice:

The appellant, Virginia L. Roberts, Commissioner of the West Virginia Department of Motor Vehicles, appeals from an order of the Circuit Court of Boone County granting the appellee, Clyde W. Dolin, a writ of prohibition which prevented an administrative hearing on the suspension of Dolin’s license. The sole issue in the case is whether a twenty week delay between Dolin’s arrest for drunk driving and the suspension of his license violated either West Virginia Code § 17C-5A-l(c) (1983 Supp.), or his procedural due process rights.

At 1:37 a.m. on March 27,1982, Clyde W. Dolin was…