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Case Results

April 2013 Department of Licensing DOL Hearing

Mark W. Garka subpoenaed the two Troopers that were present at the arrest of his Client. One Trooper failed to appear. The Trooper that did show up admitted under oath that Mark W. Garka's Client was confused as to the potential ramification of a license revocation. It appeared that the Trooper was confused as well. Despite this, the Trooper had Mark W. Garka's Client provide a sample of her breath. The DOL Hearing Officer agreed with Mark W. Garka's argument that the Trooper should have provided his Client with clarification by providing her access to an Attorney. The breath test was suppressed and Mark W. Garka won the Department of Licensing Hearing. Therefore there was no Civil loss of license for Mark W. Garka's Client


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