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People vs. M.J.B.

Charge: Implied Consent Violation
Court: DLAD Hearing in Southfield, Hearing Officer Merian

The client was arrested for OUIL after police stopped him for speeding, traveling eastbound in a northbound lane and crossing the center line. He refused the breath test and was also charged with a civil implied consent violation.

We immediately filed an appeal of the implied consent charge. During the hearing, the arresting officer said that he offered a breath test, which the client refused. We argued that because the officer did not provide any evidence that our client was read his rights he did not meet the required burden of proof. The Hearing Officer accepted our argument and found in favor of our client.

Result: Charges dismissed