DISMISSAL of Implied Consent Violation

In Michigan, under the Implied Consent law, if you have a driver’s license, you have consented to take a chemical breath or alcohol test if a police officer has reason to believe you are intoxicated and has asked you to take a test.

We recently had a client allegedly refuse to give a breath test when asked and as a result she was charged with an Implied Consent Violation. The penalty for such a violation is suspension of the person’s driver’s license for a period of 6 months to 1 year. In an effort to prevent that suspension, we filed an appeal with the Secretary of State and asked for a hearing. At the hearing, it is the People’s burden to prove that the defendant understood her chemical test rights, refused that chemical test despite knowing the penalties, and was afforded a chance to speak with a lawyer prior to consenting (if it was requested).

At this latest hearing, Neil Rockind was able to demonstrate to the Secretary of State hearing officer that our client had asked for a lawyer several times prior to taking the test and was prevented from speaking with a lawyer. That was enough to vitiate the alleged implied consent violation.

Therefore, the hearing officer DISMISSED the alleged violation!


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