The Client was stopped and arrested for DUI. While still at the scene of the arrest, but after she was arrested, the officer administered two breath tests. The officer then transported the Client to police station where she demanded the Client complete another set of breath tests. When the Client was unable to complete a second set of breath tests, the officer demanded the Client complete a blood test. When the Client asked the officer what happened to her blood after it was tested, the officer declared her a refusal. When the Client arrived late to her DMV hearing, the DMV refused to allow her to testify and told her the hearing was closed. The DMV then suspended her license for one-year for a chemical test refusal. (SPECIAL NOTE – Never represent yourself at a DMV hearing, this is a virtual guarantee your license will be suspended.)
We filed an Ex Parte application to stop the license suspension while the Client’s case was pending. Because we were able to demonstrate that the Client was likely to prevail in the end because she had completed a chemical test after she was arrested; and, because the DMV violated her Due Process Rights by refusing to allow her to testify or present evidence at her hearing, the Court ordered the suspension put on hold while the case was pending.