April 9, 2012
McDowell delegate: Politics behind traffic arrest
Staff writer

CHARLESTON, W.Va. -- A four-term member of the House of Delegates said Monday he believes politics played a role in his arrest for driving on a revoked license on Friday in McDowell County.

"I do think there was a little bit of misconduct by the Welch police," said Clif Moore, a four-term Democratic delegate.

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    31 Comments
    Posted By: habibhaddad
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    Darn it Cliff, stop acting like you are from Logan County.
    Posted at: April 09, 2012 2:53:17 pm

    Posted By: WVVET2
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    Another WV. politician who believes the law is only applicable to the "little people". It will be interesting to see how this ends,
    most likely this is the last we will hear of it.
    Posted at: April 09, 2012 6:28:24 pm

    Posted By: CAIIG
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    Welch has a Police Department? Will wonders never cease! Must have been working overtime under a grant from the Governor's Office.
    Posted at: April 09, 2012 9:46:40 pm

    Posted By: leroylipship
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    A WV Good Ol Boy that will only get his hands slapped! The region that he represents is the worst in WV! What has this career politician ever done to improve the most sorry statistics in the state of WV? This is Tomblins region, after 37 years, look what he has done to his region, he wants all of WV to be just like the region that he hails from....God Forbid!
    Posted at: April 10, 2012 6:39:52 am

    Posted By: saw1066
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    Personally, I think Moore is grasping at straws here. If he was breaking the law, then politics doesn't (or shouldn't) matter. The next thing I expect to here is the insinuation of the race factor.
    Posted at: April 10, 2012 7:20:05 am

    Posted By: jadel
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    There's no mystery as to how the policeman knew Moore's license was suspended. It's part of a computer database available even in the WV outback.
    Posted at: April 10, 2012 7:48:11 am

    Posted By: Chocolate Moose
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    Ignorance of the law is not a valid excuse. Any "professional" lawmaker should know that. On the other hand, he could make a case for just pure ignorance. Makes one wonder whether the Ohio drunk driving conviction is the first such offense, or if there are others.
    Posted at: April 10, 2012 7:58:20 am

    Posted By: 5speed
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    Arrested for DUI and arrested for driving on a revoked license translates to misconduct by the police and a violation of his personal rights?? Oh, the privileges of being a legislator. At least he didn't say he was being profiled.
    Posted at: April 10, 2012 9:00:43 am

    Posted By: cg
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    No one is above the law but this smells like pure politics. icious. If he's been driving since his license was 'revoked' why is he just now being stopped.
    Posted at: April 10, 2012 11:03:27 am

    Posted By: 71_eer
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    Sounds like another real high character guy in WV politics....
    Posted at: April 10, 2012 2:59:14 pm

    Posted By: annebeth66
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    Misconduct was on the part of Clif Moore, not the police. Just don't drive drunk and all this mess could have been avoided and there would have been no reason for the arrest due to the revoked license. Thank goodness no one was killed by Del. Moore.
    Posted at: April 10, 2012 5:03:12 pm

    Posted By: tucjudge
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    Again the majority of you show your ignorance. It's called probable cause. For which they had none for pulling him over. It's a right that we all have, but until you are stopped for no reason, you won't understand. And that is why magistrates should be educated, and not police officers. In the name of justice, this case should never see the light of day. And to those that are jumping on Ciff, "those who live in glass houses". Leroy, and WVVET. You all should get a job.
    Posted at: April 10, 2012 5:39:05 pm

    Posted By: dakman
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    Moore may be right. Its in the US Constitution and its called full faith and credit. The laws and rulings in one state are to be given full faith and credit in other states. I doubt Welch's PD is up to speed on that.
    Posted at: April 10, 2012 6:23:09 pm

    Posted By: weatherwatcher
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    His license was revoked. He is a public figure who had a revoked license and chose to drive anyway. The fact that is license was revoked had to make the local news. To see him driving IS probable cause. Of course politics had a play in it in that it made him a public figure under more scrutiny. Being a legislator should make him even more responsible in accepting the fact that he violated laws he helped to enact. Nobody is above the law not even those who make the laws. What he should do is shut his clap trap and accept his punishment like a man.
    Posted at: April 10, 2012 8:25:00 pm

    Posted By: billy-
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    The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by ''probable cause.''

    Looks like the cop doesn't know what probable cause means!
    Posted at: April 10, 2012 8:33:31 pm

    Posted By: billy-
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    So what we have is a cop who broke the law to catch someone breaking the law.
    Posted at: April 10, 2012 8:35:54 pm

    Posted By: saw1066
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    I'm certainly no attorney, nor am I intelligent enough to argue constitutional law in such an esteemed setting, but wouldn't information that Mr. Moore did not have a valid drivers license and, I assume, a follow-up through a DMV check (after Mr. Moore was seen driving) to confirm no license, be enough "probable cause" for the officer to stop Mr. Moore? Isn't Mr. Moore already breaking the law by driving...thus providing a reason for the stop? As I said, I am no scholar in these matters, but it seems to reason that the simple act of driving was the criminal act that the officer was responding to. Possibly, I am ignorant in my way of thinking, for which I apologize if that is the case, but I find little sympathy for Mr. Moore's claim of "politics" against him.
    Posted at: April 11, 2012 12:44:44 pm

    Posted By: Arcadian
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    "Ignorance of the law is not a valid excuse. Any "professional" lawmaker should know that. "
    I agree..
    Posted at: April 11, 2012 5:36:06 pm

    Posted By: Arcadian
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    "His license was revoked. He is a public figure who had a revoked license and chose to drive anyway. The fact that is license was revoked had to make the local news. To see him driving IS probable cause."
    Again, I agree.
    Posted at: April 11, 2012 5:37:24 pm

    Posted By: Arcadian
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    Quoted from another Gazette article in relation to this: "The Bluefield Daily Telegraph reported that magistrate court documents note that the arresting officer stated that he had "common knowledge the driver of said vehicle's privilege to operate a vehicle in this state had been revoked for DUI.".."
    So, the Officer witnessed what he knew was a crime taking place, and took the appropriate action. Seems like a legit arrest to me. To top this off, the fellow claims he should have limited driving rights restored in the next few days.. Personally, I do not feel he should have any driving rights till his suspension is up. He can rely on public transport. It's clear by his own actions he is either ignorant of WV laws or he believed they didn't apply to him.. I do not know which.. but in either case, I feel he should not be allowed any driving privileges till his sentence of suspension is up and over with, and then he can pay for full reinstatement.
    Posted at: April 11, 2012 6:44:38 pm

    Posted By: Earned_My_Degree
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    Why would an Ohio Judge give Moore the right to drive to and from work, if an Ohio Judge believed that Moore would have no driver's license with which to drive. It seems to me that since the West Virginia DMV has indicated that Moore could apply for a limited license allowing him to do just that, this is nothing more than a technicality. A good West Virginia Judge should throw this charge out and tell Moore to immediately file the required papers for his limited license and pay his fee for it. Otherwise, abide by the Ohio court's ruling, go and sin no more Cliff .
    Posted at: April 12, 2012 6:44:11 am

    Posted By: conniesloan
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    OMG this man is a member of the lEGISLATURE, the body that makes laws for all of us. Where has he been that he didn't know what the law was relating to DMV suspensions? Give me a break. Even if someone tipped the officer off, so what, he did his job. And usually, cops are runing our licese info before you are stopped. Grow up and take it like a man and quit whimping around. You were the one who got drunk not whoever turned you in or the cop.
    Posted at: April 12, 2012 8:02:58 am

    Posted By: jadel
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    As far as the 4th Amendment goes, Moore is lucky he wasn't strip-searched. Scalia, Roberts, Alito, Thomas and Kennedy recently OK'd that, even for traffic offenses.
    Posted at: April 12, 2012 9:01:33 am

    Posted By: Arcadian
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    Is driving a RIght? No.. Is it a privilege.? Yes.
    The man either knowingly or ignorantly broke the law.. and appears to refuse to take responsibility for his actions. While I respect what 'Earned' is saying.. I personally think that given this incident, the man in question has surrendered any right to driving privileges till his sentence of suspension is up. Such is not undue punishment in mho.
    Posted at: April 12, 2012 12:22:54 pm

    Posted By: Stick2theTruth
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    Driving is neither a right nor a privilege; IT’S an Option based on income taxable claimed Residency and the legal monetary purchase of an item with all the protections of a signed legal contract. Did you have to pay US currency (money) down to receive this item? It was not awarded or guaranteed. You had to test and qualify, pay, agree and sign.
    Posted at: April 12, 2012 2:40:35 pm

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