Powers v. Tatum

STEELMAN, Judge.

The district court’s dismissal of the criminal charge of driving while impaired based upon a violation of petitioner’s right to have a witness present did not operate as collateral estoppel on the issue of willful refusal to submit to an Intoxilyzer test in a subsequent administrative license revocation hearing. Where petitioner fails to challenge any of the trial court’s findings of fact on appeal, they are binding on the appellate court, and establish that petitioner’s refusal to take the Intoxilyzer test was not based upon the fact that his witness was not present.

I.…