Preview:

STATE OF MICHIGAN
COURT OF APPEALS


MICHAEL R. NOVAK, Petitioner-Appellee, v SECRETARY OF STATE, Respondent-Appellant.

UNPUBLISHED January 9, 1998

No. 199826 Allegan Circuit Court LC No. 96-019991 AL

Before: MacKenzie, P.J., and Hood and Hoekstra, JJ. MEMORANDUM. Respondent appeals as of right from a circuit court order vacating respondent's order suspending petitioner's nonresident driving privileges for six months as a consequence of petitioner's refusal to submit to a chemical test pursuant to the implied consent law. We reverse. This case is being decided without oral argument pursuant to MCR 7.214(E). A person who refuses to submit to a chemical test may request a hearing, which is limited to a determination of the following issues: (1) whether the peace officer had reasonable grounds to believe that the driver committed a crime described in MCL 257.625c(1); MSA 9.2325(3)(1); (2) whether the driver was arrested for the crime; (3) whether the driver unreasonably refused to submit to the test upon the officer's request; and (4) whether the driver was advised of his or her rights concerning the chemical test as set forth in MCL 257.625a(6); MSA 9.2325(1)(6). MCL 257.625f(2) and (4); MSA 9.2325(6)(2) and (4); McMillan v Sec'y of State, 155 Mich App 399, 402; 399 NW2d 538 (1986). After the hearing, if the driver does not prevail, then the Secretary of State may suspend the driver's nonresident operating privileges for six months. MCL 257.625f(7)(a); MSA 9.2325(6)(7)(a). Circuit Court review of the hearing officer's determination is provided for by statute, but is limited to a review of the record prepared pursuant to

Download MICHAEL R NOVAK V SECRETARY OF STATE.pdf

Michigan Law