Jerry S. Straub v. Pat S. Reed, Commissioner, W. Va. DMV

WORKMAN, Justice:

Nearly two years after Petitioner Jerry S. Straub was arrested for driving under the influence of alcohol (“DUI”), Respondent Pat S. Reed, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter the “DMV”), issued an order revoking his driver’s license. On appeal, the Office of Administrative Hearings (the “OAH”), affirmed the license revocation. The circuit court upheld that decision.

On appeal to this Court, Mr. Straub’s primary contention is that the procedural delays were so unreasonably excessive they violated his constitutional due process rights. Based…