Eric R. Cain v. West Virginia Division of Motor Vehicles

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The DMV Commissioner appeals the circuit court's order which reversed the Commissioner's Final Order Revoking respondent's driver's license. The DMV argues that the court erred in finding that the arresting officer lacked a reasonable suspicion that a crime had been committed, that the exclusionary rule should not apply to DMV cases, and that the court erred in finding that there had been an improper shifting of the burden of proof.