In SD v. Driver License Division, attorney Jason Schatz was able to get the driver’s 18-month administrative refusal suspension overturned. Utah law requires that the arresting officer provide the driver, within 24 hours of his arrest, with notice of the Driver License Division’s intent to suspend, revoke, or disqualify his or her driving privileges and with information on how to file a request for an administrative hearing in order to try to challenge the suspension. This notice is provided by serving the driver with a copy of the DUI Summons and Citation which contains all the required information. In this case the driver S.D. refused to submit to a blood test as requested by the officer. The driver, who was from California, was never advised that the Utah Driver License Division could impose a suspension on his privilege to drive in Utah and that he had the right to a hearing. The arresting office claimed that he had not only served S.D. with the citation, but also verbally explained to him his right to a hearing and how to request a hearing. Fortunately, the arresting officer had a video camera in his patrol car, and the video showed that during the time period that the officer claimed in his sworn report that the citation was served and the request for hearing was explained, no such event took place. When confronted with the video, the officer tried to explain that he could have done it at another time during his interaction with S.D., such as after he was taken to the hospital to have his blood drawn or after he was actually booked into jail. But when pressed on his recollection on cross, he admitted that he could not recall specifically doing it at any other time and that there was a lot going on and he could have made a mistake. The Judge agreed with Schatz that the officer’s testimony was far from convincing, and since the video showed that the officer clearly did not serve the citation at the time he claimed to have done so in his sworn report, the judge ruled in favor of S.D., finding that the State had failed to show S.D. had been served with the citation, and he overturned the entire 18-month refusal suspension!