State Rep. Bob Genetski, R-Saugatuck, is looking to overturn the one-year suspension of his license.
Genetski’s lawyer filed an appeal of the move in Ingham County’s 30th Circuit Court on Friday, after a Secretary of State hearing officer recently revoked Genetski’s licence after his Jan. 19 drunken driving arrest on campus.
Genetski’s attorney Mike Nichols is arguing that the hearing officer Jay Todd should have followed his request to subpoena more evidence from MSU Police, specifically a video tape from a second police car on the scene that captured MSU Police reading the legislator his consent rights for taking a Breathalyzer.
“If (the video is) not there, it’s not there, but I at least want to know,” Nichols said.
In the hearing, Todd said he did not have the authority to issue such a subpoena, but Nichols is arguing it is allowed under court rules.
Genetski’s suspension is scheduled to begin next month and end April 2013.
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