Preview:

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS
Joe E. Miller, Commissioner of the Division of Motor Vehicles, Respondent Below, Petitioner vs) No. 11-0330 (Wyoming County 10-C-149) Randall Eugene Bennett, Petitioner Below, Respondent

FILED
March 30, 2012
RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

MEMORANDUM DECISION
Commissioner of the Division of Motor Vehicles ("DMV") by counsel, Janet E. James, appeals the circuit court's order reversing the DMV's order that revoked respondent's driver's license for six months for DUI. Respondent Randall Eugene Bennett, by counsel Randy D. Hoover, filed a response. This Court has considered the parties' briefs and the record on appeal. The facts and legal arguments are adequately presented in the parties' written briefs and the record on appeal, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision is appropriate under Rule 21 of the Revised Rules of Appellate Procedure. Respondent was arrested for DUI at a police station where he had allegedly followed another man with whom he had a "road rage" incident.1 The arresting officer admitted that he did not see respondent drive his vehicle. The DMV revoked respondent's license for six months. Respondent sought a hearing as to the revocation. The hearing examiner concluded that the DMV's revocation was proper. Respondent appealed to the circuit court which reversed the DMV's revocation of respondent's license. Central to the circuit court's decision to reverse was the issue of whether the DMV had proven that respondent had been driving his vehicle. When the parked vehicle was located by police, there was another man in the front seat named Ernest Bennett. The circuit court concluded that there was insufficient proof that respondent was the driver.

The criminal DUI charge against respondent was dismissed pursuant to respondent's plea agreement regarding another charge. 1

1

"`On appeal of an administrative order from a circuit court, this Court is bound by the statutory standards contained in W.Va. Code

Download 11-0330.pdf

West Virginia Law