Legal Topics

Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Hearings — Witnesses — Telephonic oath

Jan 04th, 2021 in News by admin

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 — Remand for new hearing