Case Conclusion Date: December 8, 2015
Practice Area: DUI
Outcome: PETITION TO RESCIND STATUTORY SUMMARY SUSPENSION WAS GRANTED AND OUR CLIENT’S DRIVING PRIVILEGES WERE NOT SUSPENDED
Description: Maybrook Courthouse (Case #YB655582)
Our client’s driving privileges were scheduled to be suspended for a period of one year due to the arresting police officer’s law enforcement sworn report reflecting that our client allegedly refused to provide a breath sample as requested by the officer. Our client asserted that he did not knowingly refuse to take the breath test but rather the police officer considered it a refusal when our client requested to speak with an attorney about his legal options before providing a breath sample. After legal arguments and the provision of appellate court cases to the judge, he agreed that simply requesting to speak with an attorney alone was not a basis to consider our client’s actions a refusal. Therefore our client’s scheduled one-year driver’s license suspension was rescinded and he was able to continue driving on a valid driver’s license.