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suspended license

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D

duiinmi

Guest
State - Michigan.
I was pulled over on Sept 29th, and asked to take the PBT, I advised the officer that I have a form of Asthma and that I would need my "inhailer" to give a good sample. Of course that is not permitted. So I did bolw the PBT; the officer said it gave about a "40%" sample, which he also called a "poor sample". He even described this on his paper work. The officer then asked me to blow the PBT again while in his squad car. I told the officer that I am an "asmatic and I would need my inhailer". At this time I was hyperventaling, trying to catch my breath. The officer asked me again to take the PBT. I repeated my statement before. The officer then stated "it is a yes or no answer" are you going to blow on the PBT or are you refusing it. I refused it and was taken to the local hospital for blood to b withdrawn. This I was fine with. I spent the night in jail, and I received a form stating that my licenses will be suspended unless I appealed the refusal of the PBT. I hired a lawyer and showed him all my paper work including the refusal of the PBT. On the back of the Refusal states that an appeal must be made in writting within 14 days of the arrest. My lawyer told me that would be dismissed. (which the judge stated at the pre-trail). But my licenses is now suspended for 6 months from the Sec. of state office. I now have to go though the circuit court to appeal the refusal. Is there any way that the judge's sentence can over-rule the suspencion imposed from the sec. of state? If I go through the Circuit Courts (they stated that it might take 20-30 days to get a court date) to appeal, my license would be suspended for over 60 days.
 
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