Pat Reed, Commissioner of the West Virginia Division of Motor Vehicles v. Doreen Grillot

Summary

The West Virginia Supreme Court of Appeals reversed a circuit court order that had overturned the administrative revocation of Doreen Grillot’s driver’s license for driving under the influence of alcohol. The Court held that substantial evidence supported the Office of Administrative Hearings’ finding that Grillot had operated a motor vehicle while under the influence and that the circuit court improperly substituted its assessment of the evidence and witness credibility for that of the administrative law judge. The case was issued as a memorandum decision and remanded for reinstatement of the revocation order.

Holdings

1. The legality of the traffic stop was not properly before the Supreme Court because the circuit court had not considered or decided that nonjurisdictional issue.
2. The circuit court improperly substituted its judgment for that of the OAH by reweighing the evidence and reassessing witness credibility.
3. The record evidence was sufficient under a preponderance-of-the-evidence standard to support the OAH's finding that Grillot operated a motor vehicle while under the influence of alcohol and to warrant administrative revocation of her driver's license.

Questions Presented

1. Whether the circuit court improperly reversed the OAH's finding that Grillot drove a motor vehicle while under the influence of alcohol.
2. Whether the evidence was sufficient under the preponderance-of-the-evidence standard to warrant administrative revocation of Grillot's driver's license.
3. Whether the Commissioner's challenge to the legality of the traffic stop was properly before the Supreme Court when the circuit court had not decided that nonjurisdictional issue.

Disposition

reversed_and_remanded