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.
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