State v. Maxwell

OPINION

WECHSLER, Judge.

{1} We address in this appeal whether the provision of the Implied Consent Act that entitles a person arrested for driving under the influence to a reasonable opportunity to arrange for an independent chemical test requires the arresting officer to transport the person to obtain the test. We hold that it does not and reverse the district court’s order suppressing the results of the breath tests taken by the arresting officer.

BACKGROUND

{2} The facts are not disputed. On December 22, 2012, State Police Officer Toby Lafave observed Defendant Johnny Maxwell driving without…