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DALE v. ODUM

Nos. 12-1403, 12-1509.

760 S.E.2d 415 (2014)

Steven O. DALE, Acting Commissioner of the West Virginia Division of Motor Vehicles, Petitioner Below, Petitioner v. James A. ODUM, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided: February 11, 2014.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Janet E. James, Esq. , Senior Assistant Attorney General, Elaine L. Skorich, Esq. , Assistant Attorney General, Charleston, for Petitioner DMV.

Randy D. Hoover, Esq. , Beckley, David R. Pence , Carter Zerbe & Associates, PLLC, Charleston, for Respondent James A. Odum.

James T. Kratovil, Esq. , Kratovil Law Offices PLLC, Charles Town, for Respondent Chad Doyle.

Justice BENJAMIN concurs, in part, and dissents, in part, and reserves the right to file a separate opinion.

PER CURIAM.

These consolidated cases are before this Court upon appeal of final orders of the Circuit Court of Kanawha County denying petitions for judicial review filed by the petitioner, Steven O. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles1 (hereinafter "DMV").2 In these cases, the DMV revoked the driver's licenses of the respondents, James A. Odum and Chad Doyle, following...

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