In re Burks
In In re Burks, 206 W. Va. 429, 525 S.E.2d 310 (1999), the Commissioner entered a final order revoking the appellee's driver's license after he was arrested for driving under the influence.
However, the circuit court reversed the Commissioner's order because the arresting officer did not mail the "Statement of Arresting Officer" to the Commissioner within forty eight hours of the appellee's arrest as required by statute.
The Commissioner appealed the reversal of its order. This Court made two critical observations in order to resolve the case in favor of the Commissioner.
First, the Court recognized "that the 48-hour reporting duty in W. Va. Code 17C-5A-1(b) 1994 is directed to and imposed on the arresting officer, and not on the Commissioner." Burks, 206 W. Va. at 432, 525 S.E.2d at 313.
Second, the Court noted that other decisions by the Court have held "that technical and nonprejudicial noncompliance with reporting time requirements that are imposed on a law enforcement officer was not a jurisdictional impediment to the Commissioner taking action regarding a license suspension." Id.