State v. Cozart

MILLER, Chief Justice:

Delmer Lee Cozart appeals his conviction by a jury in the Circuit Court of Raleigh County of third offense driving under the influence of alcohol. He was sentenced to an indeterminate term of not less than one nor more than three years. The main issue raised on appeal 1 is whether the trial court erred in allowing the State to introduce testimony concerning the defendant’s refusal to take a breathalyzer test.

Corporal Charles Lilly of the Raleigh County Sheriffs Department testified that at approximately 10:30 p.m. on March 24, 1984, he observed the defendant driving in…