State v. Moline

In this case involving a refusal to submit to an implied consent blood alcohol test, the officer did not immediately prepare and serve a Notice of Intent to Revoke form following refusal. There are two issues: Does the statute so mandate? If so, does eventual service provide sufficient notice to satisfy due process and give the court personal jurisdiction? We hold that, although the statute contemplates immediate preparation and service following refusal, it is directory, not mandatory. So long as a defendant has received notice and a chance to be heard, due process is not offended and,…