Robin D. Davisson v. Joe Miller, Commissioner, WV DMV

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The Division of Motor Vehicles appeals from the circuit court's order reversing the administrative revocation of respondent's driver's license. DMV asserts, inter alia, that the circuit court erred in allowing respondent to argue an issue not raised below and in finding that the failure to introduce a videotape at an administrative hearing gives an adverse inference that the videotape would be adverse to the testimony of the investigating officer. DMV seeks a reversal of the circuit court's decision and an affirmation of the final administrative order. In the alternative, DMV seeks a remand to the Commissioner for a new hearing solely to consider issues relating to respondent's associated criminal case.