Sedlmayer v. Charnes

TURSI, Judge.

The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver’s license of plaintiff, John Sedlmayer. The sole issue on appeal is whether plaintiff “refused” to submit to a breath test to determine his blood-alcohol level. We affirm.

On November 29, 1985, plaintiff was arrested for driving under the influence of alcohol at the scene of a minor accident, and was transported to a police station. The arresting officer testified that he and another officer had to remove plaintiff from his vehicle and later from the patrol car…