How Would You Determine Whether A Hearing Officer's Decision Is Erroneous?

Judicial review of the hearing officer’s decision is only permissible when there is no supporting evidence and/or the hearing officer used improper legal standards, or as the defense phrases it the decision is erroneous. The defense makes various arguments as to why the decision is erroneous. First off, the defense presents two standards to be considered when determining whether a refusal occurred: 1) whether the individual’s statements and behavior objectively indicted a willingness or unwillingness to take the test; and 2) whether cooperation was timely. Gallion 222-223. Second, the argument is made that since when asked if she was refusing the test she expressly stated, four times, that she was not refusing and when being handcuffed made …show more content…
Renck. It should be noted that while the defense can argue because of the Gallion decision that the hearing officer’s decision might be erroneous, they have to demonstrate no supporting evidence for the revocation exists or else the hearing officer’s finding is binding. Supporting evidence for the revocation is present in that during the traffic stop Ms. Loop made various attempts to delay with repeated questions as she did when the phlebotomist was present with her multiple queries and request for the bathroom. The questions to the phlebotomist were attempts to delay as he answered her questions regarding HIPAA and HIPAA was included in the release form she had before her. Even with her repeated assurances that she was not refusing the test, the frequency of the questions alongside the random and sudden desire to use the restroom topped off by implying the phlebotomist was lying to her was enough for the phlebotomist to be too flustered with the situation to administer the blood test. Given Officer Belz’s traffic stop interaction with Ms. Loop, it does not appear that Officer Belz lightly construed her actions as a refusal since she profoundly frustrated the