State v. Kuminski

JAMES T. CARLISLE, County Judge, Criminal Division.

The issue in this case is whether Theodore Joseph Kuminski refused to take the breathalyzer test.

The facts of the case are gleaned from the deposition of Trooper Turnquist. The State and defense counsel stipulated that I decide on the basis of this deposition.

Trooper Turnquist arrested a driver of a van for DWI. Mr. Kuminski was a passenger in the van. Trooper Turnquist came to the conclusion Mr. Kuminski was also impaired. (T.4). He told Mr. Kuminski he was in no condition to drive (T.4). Mr. Kuminski went across the street to make a phone…