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

Topic: DUI, Decided by: Judge Schroer 
Docket Number: 1412425 , Decision Date: December 26, 2013 
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The driver could not prove that she had properly rescinded her initial refusal to take the state-administered chemical test, because the arresting officer was unable to observe her for the entire duration of her arrest, a factor the courts must consider in determining whether a driver properly rescinded a refusal to submit to chemical testing.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.

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