Underwood v. Secretary of State

On May 15, 1987, the circuit court vacated respondent Secretary of State’s order suspending petitioner Floyd Underwood’s driver’s license. Respondent appeals as of right and contends that petitioner’s refusal to take a breath test under MCL 257.625f; MSA 9.2325(6) was not reasonable in spite of his not being advised of the police department’s policy to limit the time for refusal to one hour. We affirm.

At approximately 2:00 A.m. on October 24, 1986, Roseville Police Officer Albert DeSmet was dispatched to investigate a report that someone was tampering with vehicles in a restaurant parking…