Department of Highway Safety & Motor Vehicles v. Cherry

Petitioner, Department of Highway Safety and Motor Vehicles [“the Department”], seeks a writ of certiorari from this Court to quash the opinion of the circuit court, sitting in its appellate capacity. In its opinion, the circuit court held that the Department’s administrative hearing officer departed from the essential requirements of the law in sustaining the driver’s license suspension of Respondent, Michelle Ann Cherry [“Ms. Cherry”], for refusing to submit to a breath alcohol test. We grant the writ and quash the circuit court’s decision.

The charging affidavit prepared by Trooper Peter C.…