Nichols v. State7/3/2003
The relevant facts of this case are largely undisputed. On March 3, 2001, Appellant was arrested by Deputy M.A. Webb of the Fayette County Sheriff's Department on the charges of driving under the influence ("DUI") and failure to signal. On or about March 13, 2001, the DMV officially notified Appellant, in writing, that based upon a written statement by Deputy Webb, see W.Va. Code §17C-5A-1(b), there were "reasonable grounds to believe that [he] [was] driving a motor vehicle in this state while under the influence of alcohol." Official Notice, Order of Revocation, DUI, March 13, 2001. Appellant was notified further that his "privilege to operate a motor vehicle . . . is revoked as of [April 17, 2001]." Id. *fn2
By letter dated March 25, 2001, Appellant timely requested a DUI hearing *fn3
before the Commissioner, which operated to stay the revocation order. See W.Va. Code §17C-5A-2(a) ("Upon the written request of a person whose license to operate a motor vehicle in this state has been revoked. . . under the provisions of . . . [§17C-5A-1]. .. The commissioner of motor vehicles shall stay the imposition of the period or revocation . . . and afford the person an opportunity to be heard." Id., in relevant part.). Accordingly, a DUI hearing was scheduled for September 4, 2001, but was rescheduled, upon the Commissioner's motion, for January 2, 2002. Appellant received notice of the rescheduled hearing date by letter dated July 18, 2001.
Meanwhile, on August 1, 2001, Appellant appeared in the Magistrate Court of Fayette County, West Virginia, for a hearing on the DUI and failure to signal charges. For reasons not apparent from the record, the DUI charge was dismissed. Appellant pled guilty to the failure to signal charge. According to Appellant, when the DUI charge was dismissed in magistrate court, he believed the DUI issue to be completely resolved and that he was no longer required to appear at the hearing regarding the revocation of his driver's license. Consequently, Appellant did not appear at the January 2, 2002 DUI hearing. Furthermore, for reasons not explained in the record, the arresting officer, Deputy Webb, did not appear at the revocation hearing either. The only individual to appear at the DUI hearing was Hearing Examiner William F. Cox.
On February 11, 2002, a final Order of Revocation was issued by the Commissioner, which notified Appellant that
the [DMV's] Order of Revocation, directed to you on March 13, 2001, is now in effect, and your privilege to drive a motor vehicle in this state is revoked. Your Revocation begins on the date stamped on this Final Order.
This action is taken in accordance with [91 C.S.R. §5-14.4] because you failed to appear for your administrative hearing on January 2, 2002, at the [DMV] Office in Beckley, Raleigh County, West Virginia.
According to Appellant, he never received a copy of the foregoing final revocation order. The order was returned to the DMV as unclaimed.
On or about March 23, 2002, after being stopped for a minor traffic violation, Appellant learned his driver's license had been revoked. Thereafter, Appellant filed a petition for a writ of prohibition or mandamus in the Circuit Court of Kanawha County, to require the Commissioner to restore his driver's license or, in the alternative, to afford Appellant a DUI hearing. By Order entered May 28, 2002, the circuit court denied Appellant's petitions.
II. STANDARD OF REVIEW
The instant appeal involves a ruling by the circuit court which denied Appellant's requests, in the alternative, for writs of mandamus and prohibition. It is well-settled that "'we consider de novo whether the legal prerequisites for mandamus re
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