Police observed our client speeding, traveling 68mph in a 45mph speed zone. Based upon the high rate of speed, the officer initiated a traffic stop. Upon making contact with our client, an officer immediately detected a strong odor of alcohol coming from the vehicle. A different officer indicated that a strong odor of alcohol was emitted from our client’s breath and that his eyes were glossy and speech was slurred. In response to an officer’s question regarding how much he had to drink, our client stated “enough.” A cup with an alcoholic beverage was also located in the vehicle. When asked to conduct roadside sobriety exercises, our client performed so poorly. He swayed during the exercises and could not walk a straight line. Our client performed so poorly that, at one point, the officer terminated the exercises for fear that our client would fall and injure himself. When asked to blow for breath tests, our client refused and then changed his mind. The officer still did not allow him to blow and entered a REFUSAL against our client, resulting in a one-year suspension of his driver’s license.
RESULT: Among other motions filed to eliminate the suspension, our attorney argued that the REFUSAL was invalid because, even though our client initially refused the breath test, he changed his mind and the officer still did not allow him the chance to blow. The Hearing Officer denied this motion. Recognizing this ruling was improper, our attorney immediately filed an appeal, pointing out that the officer admitted on record that our client did, in fact, change his mind within a reasonable period of time of initially refusing. Upon filing this appeal, the attorney for the DMW acknowledged we were correct, forcing the Department to offer a settlement, resulting in LIFTING OF THE SUSPENSION and FULL REINSTATEMENT OF DRIVER’S LICENSE!