MVA Refusal Victory

Gary S Bernstein

These are now few and far between.  The Officer’s Order of Certification read that the stop was for a tag light at 2:00 AM.  No odor of alcohol.  SFSTs not to my satisfaction ( curved area of a rural road on a grassy area).  There were just no reasonable ground.  No action taken.  As much of a lock as it reads, the Hearing took 40 minutes while the ALJ and I discussed the relevant case law.  He wrote a lengthy opinion and no appeal was taken by the MVA.  The jury trial is next up in this no alcohol case.