June 9th, 2014
DMV appeals the circuit court's July 18, 2013, order affirming the decision of the Office of Administrative Hearings that reversed the revocation of respondent's license. The OAH found that the arresting officer's testimony regarding the stop of respondent's vehicle was inconsistent and lacked credibility, and therefore, DMV failed to demonstrate that respondent was lawfully placed under arrest pursuant to West Virginia Code § 17C-5A-2(f).
