COURT RULES ATVS OFF-LIMITS TO SUSPENDED DRIVERS - Roane Decision Reversed

(06/08/2007)

The West Virginia Supreme Court says all motorized automobiles, including all-terrain vehicles, are off limits to drivers whose licenses are suspended or revoked. The court issued a unanimous opinion yesterday. They overturned a circuit judge's dismissal of an indictment in May 2005 against Robert L. Sarver of Roane County. Police had charged Sarver with operating an ATV on a county road after he lost his license following a third-offense drunken driving charge. Judge David Nibert dismissed the case since ATVs do not require any kind of driver's license to operate on a public highway. The high court ruled that Judge Nibert erred when he dismissed the indictment against Sarver. Concurring with Prosecutor Mark Sergent, they ruled that driving is a privilege, and drivers licenses that grant such a privilege apply to any and all modes of transportation that are motorized. Sarver essentially contended he could use his ATV for transportation, since no driver's license is required.

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