Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Hearings — Witnesses — Telephonic oath — Where arresting officer appeared telephonically at formal review hearing without person authorized to administer oath present with officer to independently verify his identity, and officer was not personally known to hearing officer, oath administered telephonically by hearing officer was invalid — While hearing officer has authority to administer oaths telephonically, for oath to be proper witness must be personally known to hearing officer or must appear before person authorized to administer oaths who can vouch for their identity — Hearing officer’s order is quashed, but no further proceedings are required where issue of validity of license suspension has been rendered moot by expiration of suspension period — Licensee’s request that appellate court order Department of Highway Safety and Motor Vehicles to remove now-moot suspension from his driving record is denied
Legal Topics
Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Hearings — Witnesses — Telephonic oath
Jan 18th, 2022 in News by admin