Belille v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Appellant Paulette Belille was arrested for driving while under the influence. Her license was revoked for refusing testing when she failed to provide an adequate breath sample for the Intoxilyzer. She petitioned for judicial review, contending that she was physically unable to provide an adequate sample. The trial court sustained the revocation, and Belille appeals. We reverse.

FACTS

Officer David Norman Prois was on duty at approximately 2:45 a.m. on December 24, 1986. He stopped a vehicle which he observed was being driven erratically. The driver, Paulette Patricia…