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People vs. BJW

Court: 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