Dan was a 3rdoffender, refused the breath test and lost his license for 5 years. He went to an RMV Hearing which has to occur within fifteen calendar days post-arrest. The RMV denied him, of course, so we appealed that into court where the judge restored his license. He could then drive 24 hours/day during the year it took to go to trial.
At jury trial, the officer testified Dan had committed two lanes violations; was unsteady; had bloodshot, glassy eyes; smelled of alcohol; and failed the field sobriety tests. I pointed out to the jury the tests were performed in subfreezing weather after 3 am and though he said Dan’s speech was “slurred," he hadn’t written that in his report.