WEST VIRGINIA RECORD

HUNTINGTON -- A woman is suing the state DMV commissioner after she claims he was wrong to revoke her driving privleges.

Joe E. Miller revoked Vanessa G. Goldman's driving privileges for a period of six months for an offense in violation of West Virginia Code, which became effective March 29, according to a complaint filed March 25 in Cabell Circuit Court.

Goldman claims the offense happened on Feb. 23, 2008, and that her due process rights were violated when Miller revoked her driving privileges more than three years after the driving infraction.

Goldman and her counsel appeared at the defendant's office on June 4, 2010, for a scheduled hearing, but the commissioner, his assigned hearing examiner and the appropriate police officer failed to appear, according to the suit.

The hearing was rescheduled for Oct. 1, 2010, by the defendant, but again, the commissioner, police officer and hearing examiner failed to appear.

Goldman claims at the Oct. 1, 2010, her counsel moved to dismiss the administrative hearing based upon the "inexcusable, inexplicable and lengthy delays," caused by Miller and his agents and employees. Miller later denied the dismissal by letter.

Goldman is seeking for the court to enter an order requiring Miller to provide a certified copy of her complete DMV file and transcript of her hearing; for the court to stay Miller's final order and grant her temporary driving privileges; and for the court to review the DMV records, transcripts, statutes, case law and arguments involved and reverse the revocation of her driving privileges. She is being represented John F. Cyrus.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 11-C-159