Sharon G. Noble, Petitioner Below, Appellee v. West Virginia Department of Motor Vehicles, Joseph Cicchirillo…

Summary

The court held that Noble waived her nonjurisdictional challenge to the municipal DUI ordinance by failing to raise it during the administrative hearing. Because the circuit court was limited to reviewing the agency record and improperly considered the issue for the first time on appeal, the court reversed the circuit court's judgment. The matter was remanded consistent with that disposition.