Legal Topics

Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Lawfulness of arrest — Appeals

Sep 04th, 2022 in News by admin

Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Lawfulness of arrest — Appeals — Certiorari — Licensee arrested for driving under influence by officers who had stopped to provide assistance to licensee on side of highway because licensee’s vehicle had run out of gas — Hearing officer did not depart from essential requirements of the law in finding that there was sufficient evidence to establish probable cause for arrest — Licensee’s statements to officers gave rise to a reasonable inference that licensee was driving the vehicle while impaired when the vehicle ran out of gas — Additionally, record indicates that every observation made at the scene before licensee’s arrest was made solely by the officers, which is within the requirements of section 901.15(5)