Cases

Joe E. Miller, Comm., W. Va. Dept. of Transportation v. Michael Chenoweth

Case Number:
11-0148
Case Issue:

Petitioner, the Commissioner of the State Department of Motor Vehicles, appeals the circuit court's reversal and vacation of its revocation of respondent's driver's license for driving under the influence, arguing that the circuit court erred in applying the exclusionary rule to the proceedings and also that the reversal constituted error because there was reasonable suspicion or probable cause for the arresting officer's initial seizure, which allowed for obtaining evidence of respondent's inebriation and the expansion of the stop to include driving under the influence.