No. 32581 - Joseph
W. McVey v. Commissioner of the West Virginia Division of Motor Vehicles
Starcher, J., dissenting:
I
am not persuaded that the Legislature, when it decided to create the .02-.08
blood alcohol level suspension for drivers under twenty-one, intended
that a subsequent offense, when a person is over 21, would mean an automatic
ten-year license suspension. Absent clear statutory language evidencing such
a Legislative intent, I would not infer it - as the majority has done. Accordingly,
I dissent.