State ex rel. Mark G. Sergent, Pros. Atty., SER v. Hon. David W. Nibert, Judge, et al.

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Petitioner's driver license was revoked for seven different violations and suspensions. The Circuit Court ruled that petitioner "cannot violate the provision of WV Code Section 17B-4-3(b) of operating a motor vehicle on a public roadway while one's privilege to do so has been suspended where one operates an all-terrain vehicle in conformity with provisions of WV Code Section 17F-1-1 et seq. Petitioner seeks a writ of prohibition as to whether the circuit court exceeded its legitimate power in ruling that the operation of an all terrain vehicle, under WV Code, Section 17F-1-1 by a person who driving privileges have been previously revoked under requirements of WV Code Section17B-4-3(b) cannot commit an offense under WV Code because the operation of an all terrain vehicle requires no WV Drivers License.