posted 2016 | R.L. v. DHSMV
Client was arrested for driving under the influence after he was observed falling off of his motorcycle. The client hired another criminal defense lawyer to represent him in criminal court, as well as at the department of highway safety and motor vehicles. The client was given a formal review hearing which allowed him to challenge the suspension of his driver’s license. At the hearing, defense counsel argued that there was insufficient evidence to sustain the suspension. Of course, the client lost and his license was suspended for 18 months because this was his second refusal.
His defense attorney hired Mr. Forman to file an appeal called a Petition for Writ of Certiorari. Mr. Forman came up with a more specific argument than the one raised at the DMV. Specifically, Mr. Forman argued that there was no probable cause to establish that the client was in actual physical control of the motor vehicle because there was no evidence presented to show if the driver had any keys in his possession. Mr. Forman also argued that the documentary evidence presented failed to show that the motorcycle was even operating. After reading the petition, and despite the objection by the DHSMV, the appellate court agreed with Mr. Forman and quashed the license suspension! This clever argument clearly helped change the outcome of the case. This is another example of how the lawyer you choose can often make the difference between winning and losing!
