Tolbert v. Hiatt

GREENE, Judge.

This appeal arises from the Superior Court’s affirmance of a Department of Motor Vehicles’ order revoking petitioner’s driving privileges for an alleged refusal to submit to a breathalyzer test. The evidence at the non-jury trial tended to show petitioner was arrested by Officer Floyd on 7 June 1987 for driving while impaired. After transporting petitioner to the sheriff’s department, Officer Floyd noticed petitioner was chewing something which Floyd identified as a penny. Officer Floyd told petitioner “not to put anything in his mouth until we got in to see the breathalyzer…