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HINERMAN v. DEPT. OF MOTOR VEHICLES

No. 20905.

431 S.E.2d 692 (1993)

189 W.Va. 353

Robert J. HINERMAN, Petitioner Below, Appellee, v. WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 11, 1993.

Attorney(s) appearing for the Case

Mark A. Karl, Moundsville, for appellee.

Darrell V. McGraw, Jr., Atty. Gen., Paul E. Jordan, Sr. Asst. Atty. Gen., Charleston, for appellant.

PER CURIAM:

The West Virginia Department of Motor Vehicles appeals an order of the Circuit Court of Marshall County requiring the Department to hold a second administrative hearing concerning the revocation of Robert J. Hinerman's license for driving under the influence (DUI). The Department maintains that a second hearing should not be required to take Mr. Hinerman's testimony because Mr. Hinerman, after proper notification, chose not to appear at his administrative...

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