Lundquist v. MOTOR VEHICLES DIV., DEPT., TRANSP

This is an appeal by the state (Motor Vehicles Division) from a judgment order entered by the circuit court setting aside an order entered by the Division suspending respondent-petitioner’s driver’s license because of his alleged refusal to take a breath test following his arrest for driving under the influence of intoxicating liquor.

A jury was waived by both parties. Thus the trial court’s findings, if supported by substantial evidence, are binding on this court.

The sole witness at the trial was the respondent. He testified:

“Q [On direct examiiiation] Mr. Lundquist, did you at that time…