Raymond v. Department of Motor Vehicles

The petitioner, Joe S. Raymond, has appealed from an order of the district court which affirmed the order of the Department of Motor Vehicles revoking his license for a period of 1 year for failure to provide an adequate breath sample for an Intoxilyzer test.

He assigns as errors that (1) the trial court failed to recognize and apply the defense of double jeopardy and res judicata; (2) the court held that petitioner violated the test refusal law on the first attempt, whereas the officer did not arrest him until the fifth failure; and (3) there was no probable cause for the arresting officer to…