Driver did not meet burden of demonstrating rescission of refusal to take test.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1412425 , Decision Date: 2013-12-26 
Attachment: Click here to download the decision. 

The driver could not prove that she had properly rescinded her initial refusal to take the state-administered chemical test, because the arresting officer was unable to observe her for the entire duration of her arrest, a factor the courts must consider in determining whether a driver properly rescinded a refusal to submit to chemical testing.  Her drivers’ license suspension was therefore affirmed.