Cobine v. Motor Vehicles Division

The circuit court vacated the order of the Motor Vehicles Division (MVD) suspending petitioner’s driving privileges. MVD appeals, arguing that substantial evidence supports its order and that petitioner received timely notice of the hearing procedures. We reverse.

Officer Tallen stopped petitioner’s vehicle and smelled alcohol on his breath. During field sobriety tests, petitioner said that he had a war wound in his stomach and some problems with emphysema. Tallen took petitioner to the police station for a breath test. Petitioner blew into the Intoxilyzer but did not blow long enough or hard…