KC v. Department of Public Safety

John Hunsucker

Case Conclusion Date:May 25, 2010

Practice Area:DUI / DWI

Outcome:License Returned at District Court Appeal

Description:KC arrested and clearly intoxicated on video. Edmond Police requested a breath test which KC attempted several times. However, KC was becomoing more and more intoxicated. Each time she attempted to blow, she would vomit before the second breath sample was taken so the test was invalid. The officer put her into a cell to rest for thirty minutes and then came back to see if she would take test. According to officer, KC then refused. Departemnt of Public Safety suspended KC's license and we appealed to district court. After a hearing that lasted until 6 pm, the judge ruled that the refusal was not a valid refusal and KC's license was ordered returned to her.