DOL Hearing

May 07, 2014

OUTCOME: DOL Hearing was won and no sanctions put on clients license. DUI was amened to a Neg Driving 1st which has no license ramifications. Therefore no license suspension and no SR22 Requirment

Client was pulled over for speeding and suspected of consuming alcohol. Officer called in WSP to process possible DUI and gave WSP Officer details about the stop and his discussions and observations. ... Client was arrested for DUI. On the Police report the first Officer on scene did not include an affidavit describing the stop or dealings with my client. WSP Officer stated in his report 1st Officer told him reason for stop was speeding and SMD used and grounds for the stop. I raised the issue that the WSP Officers sworn statement was based on hearsay from initial officer. there was nothing in the police report and no officer present at the DOL hearing to testify on the reason and grounds for the stop. Therefore any testimony given by WSP based on first officer's statements was hearsay and therefore suppressed.