Yesterday I had a rare and unexpected victory at an MVA hearing on a breath test refusal. We were able to convince the ALJ that my client was not fully advised of her rights and was confused by the officer about the difference between the request for a preliminary breath test (“PBT”) and the breathalyzer required at the station.
The ALJ was attentive and found my client credible. OAH had denied my requested to subpoena the officer. Therefore, her testimony was unchallenged.
On to District Court where I am not sure we will be as successful.