Yarsulik v. Director of Revenue

PAUL M. SPINDEN, Presiding Judge.

The director of the Department of Revenue asks us to determine whether or not a breath analyzer machine’s producing a digital display of a breath test’s results, but not a print-out, establishes that a driver had refused to submit to a chemical analysis contrary to his lawful obligations. We do not reach this issue, however, because the director did not present any evidence that the lack of a print-out resulted from the driver’s refusal to provide an adequate sample. We, therefore, affirm the circuit court’s judgment.

This dispute arose from an arrest of Ronald…