Ullom v. Miller, 227 W. Va. 1

arrested for driving under the influence on June 26, 2006; DMV revoked driving privileges and administrative hearing held Sept. 29, 2006; trooper Buskirk observed Ullom’s car parked off the road with parking lights on, engine off, no sign of distress; he conducted a road-safety contact, then lawfully obtained field sobriety tests and an arrest for DUI; a secondary breath test was inconclusive; the administrative record included the trooper’s Statement of Arresting Officer triggering the revocation proceeding; the circuit court later reversed the DMV order but this Court reversed the circuit court and reinstated the DMV revocation; the acquittal in related criminal charges occurred after the administrative hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the initial encounter constitutionally permissible under community caretaker/Fourth Amendment principles?	Ullom: encounter was permissible as a community caretaker action.	Miller: encounter could be framed as a valid caretaker intrusion to ensure safety.	Yes; initial encounter admissible under community caretaker doctrine.
Was the continuation of detention after the initial encounter valid under Terry/Stuart?	Ullom: continued detention lacked reasonable suspicion.	Miller: continued detention supported by reasonable suspicion given odor, eyes, slurred speech, and unsteady movements.	Yes; continued detention justified under Terry/Stuart.
Did the circuit court err in considering Ullom’s subsequent criminal acquittal in the administrative review?	Ullom: acquittal occurred after hearing; not part of administrative record.	Miller: weight of related criminal results must be considered under Choma.	Court erred; acquittal cannot be considered in this case.

Cady v. Dombrowski, 413 U.S. 433 (1973) (recognition of community caretaking functions in vehicle regulation context)
State v. Ladd, 210 W.Va. 413 (2001) (Fourth Amendment exceptions balancing privacy and safety; Terry-like analysis)
State v. Moore, 165 W.Va. 837 (1980) (warrantless searches with limited exceptions; general rule and exceptions)
State v. Duvernoy, 156 W.Va. 578 (1973) ( Fourth Amendment exceptions and scope of community/temporary encounters)
State v. Bookheimer, 221 W.Va. 720 (2007) (recognition of community safety role in searches/seizures)
State v. Kendall, 219 W.Va. 686 (2006) (explanation of permissible warrantless encounters and evidentiary standards)
State v. Choma v. West Virginia Division of Motor Vehicles, 210 W.Va. 256 (2001) (administrative should give substantial weight to related criminal proceedings; acquittal timing considered)