West Virginia Senate Bill 326 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on January 21 2010 - 25% progression, died in committee
Action: 2010-01-21 - To Judiciary
Pending: Senate Judiciary Committee

The purpose of this bill is to place hearings requested by a driver who is contesting the revocation of his or her license based on a DUI charge before the court which has jurisdiction over criminal DUI charges from which the revocation stemmed. The court would make findings beyond a reasonable doubt regarding the criminal charges, and by a preponderance of the evidence regarding the administrative charges. The bill provides that the commissioner would then revoke or suspend the driver's license, or rescind its previous order of suspension or revocation in accordance with the court's findings. The bill also clarifies that juries do not play any role in the decision regarding license revocation or suspension, as the court would make all necessary findings of fact and conclusions of law. The bill also eliminates the hearing concerning identity of persons convicted of DUI before revocation becomes final because it would be unnecessary given that the same tribunal would hear both the criminal and administrative charges.

Reviewing DUI driver's license revocation orders

Sen. Jeffrey Kessler [D]

Sen. William Laird [D]

Date	Chamber	Action
2010-01-21		To Judiciary
2010-01-21		To Judiciary
2010-01-21		Introduced in Senate
2010-01-21		To Judiciary
2010-01-21		Filed for introduction

Chapter	Article	Section	Citation Type	Statute Text
17C	5	7	Amended Code	Citation Text
17C	5A	1a	Amended Code	Citation Text
17C	5A	2	Amended Code	Citation Text
17C	5A	2a	Amended Code	Citation Text

Type	Source
Summary	http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=326&year=2010&sessiontype=RS&btype=bill