State v. Santelli

Defendant, who had refused to submit to an evidentiary breath test, was convicted by a jury of driving under the influence of intoxicating liquor. He appeals on two grounds. First, he contends that the trial court erred by denying his request to remove for cause a member of the jury panel who expressed a fixed belief that anyone who refused to submit to a breath test was guilty. Second, defendant argues that the trial court should have permitted defendant to testify as to why he refused to take a breath test, rather than excluding his proposed testimony as impermissible hearsay. We agree with…