June 21st, 2012
DMV appeals the circuit court's order remanding this license revocation matter to the Office of Administrative Hearings for a new full evidentiary hearing and issuance of a new order regarding the revocation of the Petitioner's driver's license. The circuit court directed that the Office of Administrative Hearings make a proper analysis under Muscatell v. Cline, 196 W.Va. 588, 474 S.E. 2d 518 (1996) and Choma v. WV Division of Motor Vehicles, 210 W.Va. 256, 557 S.E. 2d 310 (2001) in regard to any issues raised before the Office of Administrative Hearings.
