Edward L. Sims, II v. Joe Miller, Commissioner, WV DMV

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Petitioner DMV appeals from the circuit court's order reversing petitioner's revocation of respondent's driver's license. DMV asserts that the circuit court misstated the requirements for the administration of the Intoximeter and for the admission of the results of the blood test. DMV further asserts, inter alia, that the circuit court erred by imposing a previously nonexistent, negative inference against DMV because the investigating officer did not place the videotape of the arrest into the record. DMV seeks a reversal of the circuit court's final order or, in the alternative, a remand to DMV for a new hearing solely to consider issues related to the criminal case.