June 6th, 2012
Petitioner, the Commissioner of the West Virginia Division of Motor Vehicles and respondent below, appeals the order of the circuit court reversing the Commissioner's revocation of respondent's driver's license. The circuit court found that the Commissioner had proved by a preponderance of the evidence that respondent was driving under the influence but excluded the Commissioner's evidence because the vehicle equipment check at which respondent was stopped was unconstitutional.
