Driver failed to demonstrate proper rescission of refusal to take test.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1604812 , Decision Date: 2015-09-15 
Attachment: Click here to download the decision. 

The driver did not meet his burden of showing he properly rescinded his initial refusal to take the state-administered chemical test.  Specifically, the driver did not rebut the corporal’s testimony that honoring the driver’s request was unreasonable because the corporal had other calls for service. Moreover, the driver was no longer under the arresting corporal’s observation when the driver attempted to rescind his prior refusal, which could have compromised the results of the chemical test.