Garcia v. State

The state appeals from a circuit court decision reversing an order of the Motor Vehicles Division, in which petitioner’s driving privileges were suspended for his refusal to take a breath test upon request by a police officer. The only issue is whether at the time the officer requested that petitioner take the breath test, he had reasonable grounds to believe that petitioner had been driving under the influence of intoxicants.1 We reverse the trial court’s order and reinstate the order of suspension.2

Petitioner’s contention is that the arresting officer’s testimony as to his belief that…