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NOBLE v. WV. DEPT. OF MOTOR VEHICLES

No. 34328.

679 S.E.2d 650 (2009)

Sharon G. NOBLE, Petitioner Below, Appellee, v. WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES, Joseph Cicchirillo, Commissioner, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 11, 2009.

Attorney(s) appearing for the Case

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

Paul S. Detch, Esq., Lewisburg, WV, for Appellee.

PER CURIAM:

This is an appeal by Joseph Cicchirillo, the Commissioner of the West Virginia Department of Motor Vehicles ("the Commissioner"), from an order entered by the Circuit Court of Kanawha County on November 16, 2007. The circuit court reversed the Commissioner's administrative order revoking Sharon Noble's license to drive following her arrest for driving under the influence.

After careful consideration of the record, we reverse the judgment of the...

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