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DAVID v. COMMISSIONER OF MOTOR VEHICLES

No. 32859.

637 S.E.2d 591 (2006)

Daniel J. DAVID, Petitioner Below, Appellant v. COMMISSIONER OF THE WEST VIRGINIA DIVISION OF MOTOR VEHICLES, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: May 12, 2006.

Dissenting Opinion of Justice Maynard June 30, 2006.

Concurring Opinion of Justice Benjamin July 31, 2006.

Attorney(s) appearing for the Case

Carter Zerbe, Esq., Charleston, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Janet E. James, Assistant Attorney General, Charleston, for Appellee.

STARCHER, J.

In this case we hold that the West Virginia Department of Motor Vehicles is responsible for the expert witness fees and attorney fees of a licensee who was denied due process of law in connection with a driver's license revocation proceeding.

I.

Facts & Background

The appellant, Daniel David, was charged on or about February 24, 2004, by Trooper C.L. Adkins of the West Virginia Department of Public Safety with driving...

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