Askins v. James

MANFORD, Presiding Judge.

This is an appeal from a judgment affirming the action of the Director of Revenue in revoking a motor vehicle operator’s license for refusal to submit to a breathalyzer test. The judgment is reversed and the cause remanded.

Two points are presented on this appeal, which charge that the trial court erred in (1) ruling that appellant had the burden of proving he refused to take a breathalyzer examination; and (2) finding that there was sufficient evidence of a refusal to take a breathalyzer examination.

In summary, the record reveals that appellant was operating his motor…