Pat Reed, Commissioner WV Dept. of Motor Vehicles v. Joseph Winesburg

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Petitioner appeals the circuit court’s August 17, 2017, order reinstating the driver’s license of respondent. Petitioner argues that the circuit court abused its discretion and erred in excluding certain evidence of respondent’s intoxication, including details related to the occurrence of a motor vehicle accident; references to respondent having an odor of alcohol on his breath and glassy bloodshot eyes; and respondent’s intoximeter and preliminary breath test results.