State v. Hassett

Andrews, Judge.

In these cases consolidated on appeal, the defendant-appellees were charged with driving under the influence of alcohol. In each case, the trial court granted defense motions in limine to exclude either the results of a state-administered intoximeter test or evidence of the defendant’s refusal to submit to such a test, due to the arresting officer’s failure to advise each defendant of the right to have an independent test administered by a qualified person of his own choosing. These appeals by the state followed.

In each case, the arresting officer informed the defendant that…