by Attorney Patrick T. Barone
People vs. BJW
DLAD - Port Huron
Hearing Officer Modelski
The client was arrested for OUIL and since he refused the breath test,
was also charged with an implied consent violation. After meeting with
the client we immediately filed an appeal of the implied consent matter,
thereby demanding a hearing with the Secretary of State's Driver License
Appeal Division. [Failure to file an appeal, or failing to win the appeal
once filed, results in an automatic six-month license revocation, and
six points are added to the violator's driving record].
On the hearing date we appeared with and on behalf of our client . The
arresting officer failed to appear. After waiting 20 minutes we requested
a dismissal. The Hearing Officer agreed and dismissed the implied consent
violation. As a result no license sanctions were imposed, and the client
was able to continue his driving otherwise unrestricted.
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