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Suspension Reversed for Limo Driver who tested Positive for Cannabis

September 21st, 2009 Leave a comment Go to comments

In a successful appeal to the Circuit Court of Cook County from an Administrative Decision of the Secretary of State, Barry Sheppard & Associates, P.C. obtained a reversal of a suspension of a limousine driver’s livery license. The Secretary of State had suspended the driver’s license based on a drug test indicating the presence of marijuana in the driver’s system. The Secretary of State though had given the driver two drops: one time the driver tested dirty; another time he tested clean. In the Administrative Hearing Officer’s written “Findings of Fact,” it only considered the dirty drop. On appeal to the Circuit Court of Cook County, Barry Sheppard & Associates argued that because the Secretary of State authorized the second drop, it should have been equitably estopped from disregarding it. In other words, the Secretary of State was required to consider the clean drop before deciding whether to keep the suspension in effect. The Circuit Court agreed and reversed the Administrative Hearing Officer’s decision and remanded the case to the Secretary of State. The Secretary of State subsequently terminated the suspension and reinstated the driver’s livery license.

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