Lahey v. Department of Revenue

Opinion by

Judge TAUBMAN.

Plaintiff, Timothy Michael Lahey, II, appeals from the district court judgment affirming the revocation of his driver’s license by the Department of Revenue (Department) for refusing to submit to testing as required by the express consent statute. Because the arresting officer permitted plaintiff to change the type of test he wished to take in violation of the applicable statutory requirements, we conclude that plaintiff did not “refuse” to submit to such testing within the meaning of the statute. Accordingly, we reverse and remand with directions to set aside the…