Dixon v. Commissioner of Public Safety

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

Appellant Richard Dixon was arrested for D.W.I. While transported to the police station, he talked constantly and the officer did not observe appellant put anything in his mouth. Upon arrival, he was photographed and read the implied consent advisory. He consented to a breath test. The administering officer testified he inspected appellant’s mouth prior to testing and found no foreign objects inside the mouth. Appellant testified he did not place anything in his mouth during the 15 to 20 minutes he was under observation prior to the test, including…