Jasper v. Motor Vehicles Division

Motor Vehicles Division (MVD) appeals the circuit court’s judgment reversing its order suspending petitioner’s driving privileges after he refused to submit to a chemical breath test following his arrest for driving under the influence of intoxicants (DUII). MVD argues that the circuit court erred in setting aside the suspension order. We affirm.

We state the facts consistently with the findings of the MVD hearings officer. On June 19,1992, at around 8:41 p.m., Officer Colistro was told by police dispatch that a named citizen had reported a one vehicle, non-injury accident on 7th Street. The…