Arrien v. Motor Vehicles Division

The state appeals from a judgment vacating a Motor Vehicles Division order suspending petitioner’s license. It contends that the circuit court erred in reviewing the administrative order de novo. We agree and reverse.

Officer Mann arrested petitioner for driving while under the influence of intoxicants. Petitioner did not take a blood alcohol test. At the license suspension hearing, Mann testified that petitioner asked whether he should call an attorney before agreeing to take the test and that Mann responded that petitioner would have to decide for himself. The hearings officer found Mann’s…