https://winbackyourlife.org/when-a-breath-test-refusal-is-not-a-refusal/ Survive Your Michigan DUI Arrest - CALL (248) 306-9159 for your FREE case review Fri, 19 Nov 2010 22:14:41 +0000 hourly 1 http://wordpress.org/?v=3.0.1 https://winbackyourlife.org/when-a-breath-test-refusal-is-not-a-refusal/comment-page-1/#comment-64 Boyle Obtains Total Victory for Client Accused of Drunk Driving and Breath Test Refusal | Michigan DUI Help Fri, 12 Jun 2009 17:20:50 +0000 https://winbackyourlife.org/?p=640#comment-64 [...] This is because the Circuit Court agreed with our arguments, and reversed the ruling of the Hearing Officer as we were able to show that the hearing officer’s opinion agreeing with the deputy and not our client was “arbitrary and capricious,” or stated differently, “clearly an abuse or unwarranted exercise of discretion” and “not supported by competent, material, and substantial evidence on the whole record.”  For more information on this topic see “When a Breath Test Refusal is not a Refusal.” [...] [...] This is because the Circuit Court agreed with our arguments, and reversed the ruling of the Hearing Officer as we were able to show that the hearing officer’s opinion agreeing with the deputy and not our client was “arbitrary and capricious,” or stated differently, “clearly an abuse or unwarranted exercise of discretion” and “not supported by competent, material, and substantial evidence on the whole record.”  For more information on this topic see “When a Breath Test Refusal is not a Refusal.” [...]

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