Clower v. West Virginia Department of Motor Vehicles

The respondent below and appellant, Joseph Cicehirillo, Commissioner of the West Virginia Division of Motor Vehicles (“the Commissioner”), appeals from an order of the Circuit Court of Hampshire County entered on the November 15, 2007. In its order, the circuit court reversed the Commissioner’s administrative order revoking appellee’s license to operate a motor vehicle in West Virginia following appellee’s arrest for driving under the influence (“DUI”). Among several reasons for reversing the Commissioner, the circuit court found that the arresting officer did not have the “requisite…