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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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