Patricia S. Reed, Comm. DMV v. George Zipf

Justice Ketchum:

George Zipf was arrested 'at a sobriety checkpoint for driving under'the influence of alcohol. Based on his arrest, the Department of Motor Vehicles [DMV] revoked his driver’s license. Mr. Zipf objected to his driver’s license revocation, and he requested a hearing before the Office of Administrative Hearings [OAH].

The OAH rescinded Mr. Zipfs driver’s license revocation because it found insufficient evidence that his DUI arrest was lawful. After the DMV petitioned the circuit court for an appeal, the circuit court upheld the OAH’s order.

We find that the circuit court erred in…