Cain v. West Virginia Division of Motor Vehicles

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that ”[a]s we made clear in Carte, a license revocation proceeding is not a criminal proceeding but a civil proceeding subject to the Administrative Procedures Act[]”
• finding that when driver “awakened from his drunken stupor” stating “‘he was just trying to get home,’” and absence of vehicle from location less than thirty minutes prior was sufficient to establish driving
• stating in dicta that, “[b]ecause Mr. Cain’s vehicle was parked at the time the arresting officer encountered Mr. Cain, the standard governing the lawfulness of an investigatory traffic stop is clearly inapplicable to the ease before us”
• noting the distinction among ver sions of the statute and explaining that “[t]he current version of this statute [2008 version] no longer requires an arrest. Instead, the second finding that must be established is that a person committed a DUI offense.”
• intoxicated driver found asleep on the ground in front of his vehicle; vehicle was parked in a pull-off area that officer had seen empty thirty minutes earlier, the engine was turned off, and the keys were not in the ignition; and upon waking, driver said he was “just trying to get home”

Source: CourtListener parenthetical corpus (CC0).