Reed v. Winesburg

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The Supreme Court reversed the order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) affirming the revocation of Respondent’s driver’s license for driving under the influence of alcohol (DUI), holding that the circuit court erred in reversing the OAH’s revocation order.In reversing the order of the OAH, the circuit court ruled that there was no “lawful evidence” that Respondent was under the influence of alcohol when he was arrested for DUI, and therefore any secondary chemical test was not lawfully administered. The Supreme Court reversed, holding (1) the OAH’s order was supported by substantial evidence demonstrating that Respondent was lawfully arrested for DUI; and (2) the circuit court abused its discretion by substituting its judgment for that of the OAH. View "Reed v. Winesburg" on Justia Law