Officer must read implied consent notice or tender card into the record.

Topic: DUI, Decided by: Judge Teate 
Docket Number: 1426241  , Decision Date: March 11, 2014 
Attachment: Click here to download the decision. 

Petitioner contested the suspension of his driver’s license following a DUI arrest.  At the hearing, while the arresting officer testified that he read the implied consent notice to the Petitioner, he did not read the implied consent notice card into the record, nor did he tender a copy of the card as an exhibit.  Absent evidence regarding the substance of the implied consent notice, the officer’s testimony that he read the notice is insufficient to show he complied with the implied consent notice requirement. The administrative license suspension was therefore lifted.

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