Lisa Boggs

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.

The driver could not prove that she had properly rescinded her initial refusal to take the state-administered chemical test, because the arresting officer was unable to observe her for the entire duration of her arrest, a factor the courts must consider in determining whether a driver properly rescinded a refusal to submit to chemical testing.

The driver, who was under arrest for driving under the influence (DUI), refused to take the breath test designated by the arresting officer, insisting instead he would only take a blood test.  Refusing to take the test designated by the arresting officer is tantamount to a refusal to submit to chemical testing, even though a