The state Supreme Court says all motorized automobiles, including all-terrain vehicles, are off limits to West Virginians whose driver's licenses are suspended or revoked.
In a unanimous opinion issued Wednesday, the court overturned a circuit judge's dismissal of a May 2005 indictment against Robert L. Sarver. Sarver was accused of operating an A-T-V on a county road in
April 2004 after he lost his license following a third-offense
drunken driving charge.
The high court determined that Roane County Circuit Judge David
Nibert erred when he dismissed the indictment against Sarver.
Nibert's ruling was based on the fact that state law does not
require A-T-V operators to have a license to operate on a public
But justices agreed with Roane County Prosecutor Mark Sergent.
They ruled that driving is a privilege, and driver's licenses that
grant such a privilege apply to any and all modes of transportation
that are motorized.