State v. Kline

The defendant, Philip Kline, was arrested for DUI and refused to take a blood alcohol test. He filed a motion in limine alleging that the testing machine did not fully comport with the administrative rules and therefore a refusal to take the test was inadmissible in his trial on a charge of driving while impaired. After a hearing, the trial judge ordered evidence of his refusal suppressed. The circuit court appellate panel affirmed, and the state petitioned for a writ of certiorari. We grant the state’s petition because the circuit court departed from the essential requirements of the law by…