Upchurch v. State

OPINION

CRONE, Judge.

Case Summary

Meredith Upchurch appeals from the denial of her verified petition for judicial finding of no refusal. We reverse.

Issue

Upchurch presents one issue for our review, which we restate as whether the trial court erred in finding that Upchurch refused a breath test.

Facts and Procedural History

On December 19, 2004, Upchurch was involved in an accident with another vehicle in Hancock County. Emergency medical technicians arrived and determined that Upchurch was not in need of any treatment. While Upchurch was sitting in the ambulance, a Hancock County sheriff's deputy…