Frazier v. S.P. (Signed Opinion)
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The Supreme Court reversed the final order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) revoking Respondent's driver's license for driving under the influence (DUI), holding that the OAH's findings were not clearly wrong and that the circuit court abused its discretion in substituting its judgment for that of the fact finder.
After unsuccessfully challenging the revocation of her license with the OAH Respondent appealed to the circuit court. The court found that that OAH clearly erred in weighing the facts and in applying the law and legal standards and that OAH's final order was an abuse of discretion and was clearly erroneous. The Supreme Court reversed and remanded the case for reinstatement of the administrative order revoking Respondent's driver's license, holding that the circuit court abused its discretion when it substituted its own view of the evidence for that of the OAH.
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