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UNDERWOOD v. SECRETARY OF STATE

Docket No. 101131.

181 Mich. App. 168 (1989)

448 N.W.2d 779

UNDERWOOD v SECRETARY OF STATE

Michigan Court of Appeals.

Decided November 7, 1989.

Attorney(s) appearing for the Case

Edward A. Servitto, Jr., for petitioner.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Deborah Anne Devine, Assistant Attorney General, for respondent.

Before: MacKENZIE, P.J., and MARILYN KELLY and T.M. BURNS, JJ.

PER CURIAM.

On May 15, 1987, the circuit court vacated respondent Secretary of State's order suspending petitioner Floyd Underwood's driver's license. Respondent appeals as of right and contends that petitioner's refusal to take a breath test under MCL 257.625f; MSA 9.2325(6) was not reasonable in spite of his not being advised of the police department's policy to limit the time for refusal to one hour. We affirm.

At approximately 2:00 A.M. on October 24,...

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