City of Maumee v. Anistik

The sole issue before this court is whether the jury instruction given by the trial judge regarding appellee’s refusal to take a chemical test of her breath was improper and prejudicial to appellee. The text of the instruction objected to by appellee’s counsel at trial is as follows:

“There’s been evidence in this case indicating that the defendant Pamela Anistik was asked to submit to a chemical analysis of her breath to determine the concentration of alcohol in her system. While an individual has a right under the laws of the State, as I explained to you before, to refuse to submit to a…