Frazier v. Fouch (Signed Opinion)
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The Supreme Court reversed the order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) affirming the revocation of Respondent's driver's license for driving under the influence of alcohol (DUI), holding that the circuit court erred.
The arresting officer in this case did not attend the OAH hearing. In affirming the revocation, the OAH relied on the officer's DUI information sheet. The circuit court reversed, holding that the Division of Motor Vehicle's (DMV) records, including the DUI information sheet, should not have been admitted into evidence and considered by the OAH. The Supreme Court reversed, holding (1) the OAH was statutorily obligated to receive the DMV's file, including the arresting officer's DUI information sheet, into evidence, and the circuit court's ruling to the contrary was clearly erroneous; and (2) the circuit court erred in ruling that the DMV had the burden of securing the arresting officer's attendance at the OAH hearing.
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