Reed v. Boley

The Supreme Court reversed the order of the circuit court revising the order of the Commissioner of the West Virginia Division of Motor Vehicles (DMV) revoking Petitioner’s driver’s license after he was arrested for driving under the influence of alcohol, holding that the circuit court erred in finding that Petitioner suffered actual and substantial prejudice as a result of a post-hearing delay by the Office of Administrative Hearings (OAH).When Petitioner challenged the revocation by appeal, the OAH conducted a hearing but then took no action for two and a half years. The OAH eventually affirmed the revocation. The circuit court reversed the revocation. The Supreme Court reversed the circuit court’s order and remanded for reinstatement of the DMV’s order revoking Petitioner’s driver’s license, holding that the circuit court’s finding of prejudice was erroneous. View "Reed v. Boley" on Justia Law