State v. Timothy P. Perley

¶ 1.

Eaton, J.

Defendant appeals from his conviction for refusing to submit to an evidentiary test, having previously been convicted of driving under the influence. He argues that the court should have granted his motion for judgment of acquittal because the State failed to prove the “reasonableness” of the State’s request for an evidentiary breath test beyond a reasonable doubt. We affirm.

¶ 2. Defendant was charged with numerous crimes in March 2013, including: leaving the scene of an accident; violating conditions of release; operating with a suspended license; driving under the influence…