Lisa Boggs

Sankeralli v. the Department of Drivers’ Services, Judge Schroer held that the constitutionality of the roadblock that lead to the driver’s arrest for driving under the influence (DUI) is outside the scope of an Administrative License Suspension hearing, because the exclusionary rule, the remedy for unconstitutional searches and seizures, does not apply in an administrative […]

Hamilton v. the Department of Drivers’ Services, Judge Walker held that the state must produce evidence of the constitutionality of a roadblock in order to show that the driver stopped at the roadblock was lawfully arrested, a matter within the scope of the Administrative License Suspension hearing.  This view is not shared by all OSAH

Where a hearing impaired individual is stopped for driving under the influence (DUI), the arresting officer must arrange for the implied consent warning to be conveyed by a qualified interpreter or in writing.  As the arresting officer failed to provide the implied consent notice in the proper format for a hearing impaired driver, the administrative

Petitioner moved for the rescission of his administrative license suspension on the basis that the Department of Driver Services failed to hold a hearing within thirty days of his request for a hearing and did not issue him a temporary driving permit.  Under the circumstances, Petitioner’s license suspension was stayed as a result of his

A driver’s refusal to submit to a breath test following his arrest for DUI was not justified by personal concerns for his family, his confusion regarding the content of the implied consent warning, or the officer’s failure to affirmatively provide him with an opportunity to rescind his refusal. In addition, an original printed slip from

A driver who was operating his vehicle in his backyard while under the influence of alcohol was lawfully placed under arrest for driving under the influence.