BREATH TEST REFUSAL HEARING – APPEAL GRANTED
In a breath test refusal hearing (Implied Consent hearing), the officer obtained a search warrant to draw the client's blood because he alleged the client refused to submit to the breath test that was offered. At the hearing, Attorney Awad determined that the officer who pulled over the client was a different officer than the one who arrested the client and offered the breath test. Attorney Awad proved that the officer requesting the breath test did not have reasonable grounds to believe the client committed a drunk driving, since the officer who made the initial stop did not cooperate in the arrest and was not present at the license hearing. As a result, the case was dismissed and client's driving privileges were not suspended for the standard one year period.