Hyde v. Dorius

MAUGHAN, Justice:

On appeal is a judgment of the trial court sustaining a trial examiner’s revocation of plaintiff’s driver’s license. We reverse, for the reason plaintiff’s license is not subject to revocation.

In this matter, the affidavit of the officer states that plaintiff was’ arrested at 9:45 a. m. and the time of her refusal was 9:50 a. m. According to the arresting officer, Nichols, he and a fellow officer removed plaintiff from her vehicle, placed her under arrest, handcuffed her and put her in a police car. Officer Nichols testified they left her in the police vehicle alone for four…