West Virginia court rejects challenge in delayed DUI case

November 2, 2017

CHARLESTON, W.Va. (AP) — West Virginia’s highest court has rejected a driver’s contention that the two years it took for his drunken driving arrest to his license suspension violated his constitutional right to due process.

Supreme Court Justice Margaret Workman writes that the 23-month delay between Jerry Straub’s arrest by a Ceredo police officer in January 2011, and the Division of Motor Vehicles order revoking his license was “excessive and unreasonable.”

However, she writes he was unable to show “actual prejudice” from the delay.

His misdemeanor charge of driving under the influence was dismissed two months after his arrest.

Straub, a pharmaceutical sales representative, challenged the suspension at a hearing delayed until March 10, 2015, followed by a decision Feb. 22, 2016.

In a dissent, Justice Menis Ketchum calls the five-year process “completely unreasonable.”

Update hourly