Criminal law -- Refusal to submit to breath, urine or blood test -- Constitutionality of statute -- No merit to argument...

Criminal law -- Refusal to submit to breath, urine or blood test -- Constitutionality of statute -- No merit to argument that statute that criminalizes refusal to submit to breath, urine or blood test when license has been suspended for prior refusal is unconstitutional because prior refusal is only proven by preponderance of evidence -- Finding of license suspension, not finding of prior refusal, is element of offense -- No merit to claim that right to counsel was violated, as there is no right to counsel concerning test refusal -- Fact that defendant was not told that initial refusal could be used as predicate offense and result in future consequences for repeat violation did not violate due process or constitute ex post facto violation -- No merit to claim that Wiggins established new standard of review under which hearing officer is not competent to make legal conclusions where case merely held that circuit court applies correct law in rejecting law enforcement officer testimony accepted by hearing officer when testimony is contrary to and refuted by video evidence -- Motion to dismiss is denied

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