Driver did not meet burden of demonstrating rescission of refusal to take test.
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The driver could not prove that she had properly rescinded her initial refusal to take the state-administered chemical test, because the arresting officer was unable to observe her for the entire duration of her arrest, a factor the courts must consider in determining whether a driver properly rescinded a refusal to submit to chemical testing.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.