Clement v. Department of Licensing

— A motorist who refuses a test of his or her breath or blood alcohol level will have his or her driver’s license revoked if the refusal occurred after a legal arrest for driving under the influence of intoxicating liquor (DUI). Where the initial traffic stop of that motorist is based on the officer’s belief that he or she was speeding, the Department *373of Licensing has the burden of proving that there was probable cause to believe that the motorist was speeding in order for the initial stop to be valid. Here, the trooper’s belief that Jerome Clement was speeding was based on a fellow officer’s…