Legal Opinion

Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Steve Briscoe

West Virginia Supreme Court

Decided June 15, 2023No. 21-099021-0991Separate

1Opinion of the Court

Nos. 21-0990 & 21-0991 – Everett J. Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Steve Briscoe FILED Armstead, Justice, dissenting in case 21-0991: June 15, 2023 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK A. Case 21-0991 SUPREME COURT OF APPEALS OF WEST VIRGINIA The main issue in case 21-0991 is whether the arresting officer, Deputy Warner, had probable cause to arrest Respondent Steve Briscoe (“Respondent”) for driving under the influence (“DUI”). The Office of Administrative Hearings (“OAH”) set forth numerous reasons supporting its finding that Deputy Warner had…

2Cases cited14 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Maryland v. PringleSupreme Court of the United States · 2003
  3. United States v. SantanaSupreme Court of the United States · 1976
  4. Kentucky v. KingSupreme Court of the United States · 2011
  5. Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights CommissionWest Virginia Supreme Court · 1983

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