Burnell v. State

Kristy Burnell’s driver’s license was administratively suspended on the grounds that Burnell failed to submit to a chemical test. Burnell sought judicial review. The trial court declined to set aside the suspension, concluding that the arresting officer correctly determined Burnell’s behavior to constitute a refusal. Burnell appealed, arguing that she never verbally refused to take a chemical test and that her conduct did not constitute refusal to submit to a chemical test. The Court of Appeals affirmed. The Supreme Court affirmed, holding that a reasonable person in the officer’s position would be justified in believing that Burnell manifested an unwillingness to submit to the test. View "Burnell v. State" on Justia Law