Melevsky v. Secretary of State
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The evidence presented to the Secretary of State’s hearing examiner supported the determination that Walter Melevsky III failed to submit to a test of his blood-alcohol concentration, and therefore, the hearing examiner properly denied Melevsky’s petition to rescind the administrative suspension of his driver’s license.
The superior court vacated the hearing examiner’s decision and ordered the Secretary of State to reinstate Melevsky’s driver’s license, concluding that the Secretary’s decision was erroneous as a matter of law. The Supreme Judicial Court disagreed, holding that the hearing examiner’s determination that Melevsky failed to submit to a test of his blood-alcohol level was supported by substantial evidence.
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