Craig A. Hare v. Joe E. Miller, Commissioner, WV DMV

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The Commissioner of the Department of Motor Vehicles appeals from two orders of the circuit court which, together, rescinded the Commissioner's order of revocation of respondent's driver's license for driving under the influence of alcohol, precluded DMV from rescheduling an administrative hearing following the revocation, and awarded attorney's fees and costs to respondent for his attendance at the first day of the administrative hearing. DMV seeks a reversal of both orders on the basis that the circuit court exceeded its jurisdiction, abused its discretion, and committed error.