Clint Casto v. Everett Frazier, Commissioner, West Virginia Division of Motor Vehicle

FILED June 15, 2023 Nos. 21-0371 – Clint Casto v. Everett J. Frazier, Commissioner, West Virginia Division released at 3:00 p.m. of Motor Vehicles EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Armstead, Justice, concurring, in part, and dissenting, in part: I concur with the majority opinion’s ultimate finding in this case that “the DMV has not established by a preponderance of the evidence that Mr. Casto was driving a motor vehicle while under the influence of controlled substances or drugs.” However, in arriving at this conclusion, the majority opinion’s analysis…