Our client was arrested for driving under the influence on the 170 Hollywood freeway. The officers asked her to complete a breath test, which she was unable to blow hard enough into the breathalyzer device to register a result.
Then, the officers didn’t give her an opportunity to complete a blood test, when she asked them if she can call an attorney. Instead, they simply marked it as a refusal. Our client testified at the DMV hearing, and the officer was subpoenaed as well. Ben Mironer was there to argue the case in person, at the Van Nuys drivers safety office. The hearing officer decided to Set-Aside the suspension.
Even though our client was facing a one year drivers license suspension for a refusal, her license was NOT SUSPENDED because we were able to prove that she did not actually refuse a blood test.