Patricia S. Reed, Comm. Dept. of Motor Vehicles v. Benjamin J. McGrath
15-1147
| W. Va. | Jan 19, 2017Background
- On Sept. 23, 2010 Deputy Logie approached Benjamin McGrath at his driveway after responding to a nearby domestic-dispute call; McGrath and his girlfriend were standing by his truck.
- McGrath admitted he had moved his truck "four to five feet" in the driveway earlier that night to spot tools spilled from a toolbox; there was no evidence the engine was warm or headlights on.
- Deputy Logie observed signs of intoxication, McGrath failed field sobriety tests, and was arrested; a later chemical test showed a .150 BAC.
- DMV revoked McGrath’s license; the Office of Administrative Hearings (OAH) affirmed the revocation.
- The circuit court reversed the OAH, finding insufficient evidence that McGrath was intoxicated at the time he moved the vehicle; the Supreme Court of Appeals affirmed the circuit court.
Issues
| Issue | Plaintiff's Argument (DMV) | Defendant's Argument (McGrath) | Held |
|---|---|---|---|
| Whether administrative revocation requires proof the person drove while intoxicated | DMV: OAH properly found McGrath drove while under the influence based on admissions and sobriety evidence | McGrath: He moved the truck before he began drinking; no proof he was intoxicated when he drove | Held: DMV must prove intoxication at time of driving; record lacks substantial evidence McGrath was intoxicated when he moved the truck — revocation improper |
| Sufficiency of timeline evidence tying drinking to driving | DMV: surrounding facts (admissions, toolbox, proximity) support inference he drove while intoxicated | McGrath: No testimony establishing when he began drinking vs. when he moved the truck; no engine/headlight evidence | Held: No substantial evidence establishing temporal link; mere scintilla insufficient |
| Proper standard of review for administrative findings | DMV: OAH findings should be afforded deference | McGrath: Circuit court correctly found OAH clearly wrong given record | Held: Review applies W.Va. Code § 29A-5-4(a) and Muscatell standard; OAH findings overturned where clearly wrong/lacking substantial evidence |
| Relevance of criminal dismissal to administrative revocation | DMV: administrative revocation still valid despite criminal dismissal | McGrath: (not argued to negate administrative process) | Held: Criminal dismissal does not preclude administrative revocation, but revocation still must be supported by substantial evidence (dismissal noted by court) |
Key Cases Cited
- Muscatell v. Cline, 196 W.Va. 588, 474 S.E.2d 519 (1996) (sets de novo review for questions of law and deferential review for agency factfindings)
- Cain v. W.Va. Div. of Motor Vehicles, 225 W.Va. 467, 694 S.E.2d 309 (2010) (license revocation requires officer have reasonable grounds to believe accused drove while under the influence)
- Carte v. Cline, 200 W.Va. 162, 488 S.E.2d 427 (1997) (when officer does not witness driving, revocation is proper only if surrounding circumstances indicate vehicle could not otherwise be located where found)
- Powell v. Paine, 221 W.Va. 458, 655 S.E.2d 204 (2007) (substantial-evidence standard: a finding is clearly erroneous if no substantial evidence supports it)