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Department of Highway Safety and Motor Vehicles v. Trimble4/8/2002
lusion that she refused to submit to the test, thereby leading to a suspension of the license, was supported only by evidence that gives equal support to inconsistent inferences, and as such can hardly be deemed so sufficiently reliable that a reasonable mind would accept it as adequate to support the conclusion reached. The hearing officer's finding that Trimble was given a consent warning before her refusal could have rested as much on the flip of a coin as on the documentary evidence submitted. As a consequence, we reject the Department's argument that the circuit court's order reweighed the evidence or misapplied the law.
As the issue of procedural due process is not at issue, we conclude that the Department has failed to satisfy its burden for certiorari relief.
PETITION DENIED.
VAN NORTWICK and LEWIS, JJ., CONCUR.
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