CHARLESTON, W.Va. -- Roger Wolfe, the Charleston attorney arrested and then beaten so badly that he spent six days in the hospital, is suing the state Department of Motor Vehicles for revoking his license.
The suit claims that Wolfe was denied an administrative hearing on the revocation.
Wolfe didn't receive an order of revocation or any further correspondence from the DMV, according to the suit filed Friday by Wolfe's lawyer Ben Bailey in Kanawha County Circuit Court.
Even if Wolfe had been notified, the suit claims, Wolfe would not have been able to consider a response until after he got out of the hospital on June 23.
"At no time did [Wolfe] receive any correspondence from the DMV regarding the charges filed against him," according to the lawsuit.
Bailey contacted the DMV on Thursday to find out about any proceedings regarding Wolfe, according to the lawsuit.
Neither Bailey nor Wolfe could be reached for comment.
According to the official notice of revocation dated June 20 and included as evidence in the suit, Wolfe was "carefully placed under arrest for an offense relating to driving a motor vehicle ... while under the influence of alcohol."
Wolfe refused a blood alcohol test and was given a written statement that his license would be revoked if he did not submit to the test, according to the order of revocation.
The DMV revoked Wolfe's license for one year for refusing the test and 90 days for driving under the influence. The suspensions were to run concurrently, according to the order of revocation.
CHARLESTON, W.Va. -- Roger Wolfe, the Charleston attorney arrested and then beaten so badly that he spent six days in the hospital, is suing the state Department of Motor Vehicles for revoking his license.
The suit claims that Wolfe was denied an administrative hearing on the revocation.
Wolfe didn't receive an order of revocation or any further correspondence from the DMV, according to the suit filed Friday by Wolfe's lawyer Ben Bailey in Kanawha County Circuit Court.
Even if Wolfe had been notified, the suit claims, Wolfe would not have been able to consider a response until after he got out of the hospital on June 23.
"At no time did [Wolfe] receive any correspondence from the DMV regarding the charges filed against him," according to the lawsuit.
Bailey contacted the DMV on Thursday to find out about any proceedings regarding Wolfe, according to the lawsuit.
Neither Bailey nor Wolfe could be reached for comment.
According to the official notice of revocation dated June 20 and included as evidence in the suit, Wolfe was "carefully placed under arrest for an offense relating to driving a motor vehicle ... while under the influence of alcohol."
Wolfe refused a blood alcohol test and was given a written statement that his license would be revoked if he did not submit to the test, according to the order of revocation.
The DMV revoked Wolfe's license for one year for refusing the test and 90 days for driving under the influence. The suspensions were to run concurrently, according to the order of revocation.
The suspension began Friday, according to the document.
The petition asks Kanawha Circuit Court Judge Duke Bloom to extend the revocation notice for 24 hours.
Wolfe, the senior labor and employment lawyer with the Jackson Kelly firm, was in CAMC General Hospital for six days because of the injuries he received around the time of his arrest on June 17, his lawyer said previously.
He was kept in the hospital while doctors determined if he needed surgery, Bailey said.
According to a criminal complaint filed in Kanawha County Magistrate Court, Wolfe was arrested shortly after midnight on June 17 by State Police Trooper Paul A. Green. Wolfe was charged with driving under the influence, obstructing an officer, making an improper lane change and running a traffic signal.
After his arrest, Wolfe was taken to State Police headquarters in South Charleston, Bailey said. Wolfe was not given a Breathalyzer test, he said.
Wolfe was beaten at headquarters while he was handcuffed, Bailey alleges. He said he did not know if Green was the officer who struck Wolfe.
Wolfe suffered multiple facial fractures, including fractures to his eye socket, Bailey said.
An internal investigation into Wolfe's allegations are ongoing, State Police Lt. G.A. Ingold of the professional standards section said July 27.
To contact staff writer Gary Harki, use e-mail or call 348-5163.
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