No Action In A Refusal

Gary S Bernstein

Generally you are not having an Administrative Hearing in a refusal case.  Your client either takes the 120 day suspension or puts the interlock on for a year.  A client tells me that after he is advised by the officer who reads him the DR-15 he asks to speak to a lawyer.  Now you are no longer entitled to speak to a lawyer in the Administrative context.  As soon as he makes the request, the officer tells him to take his shoes off and escorts him to a cell.  I tell him I think he was so drunk he got it wrong. The officer must have said no lawyer and then you refused.  He say he is sure what happened.  We have the Hearing yesterday and I have summonsed the officer.  The officer has no specific recollection, but says that “if someone asks for a lawyer that is a refusal.”  Hearing Officer looks at me with a smile and I have no further questions.  I waited for the client to get his new license and drove him to the interlock location where they were waiting to do the install if we lost.  Officer was completely honest.  It is a nice day when you win one at OAH.