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Mattice v. State4/29/1998
lice station was "tantamount to a refusal regardless of any expressed willingness on his part to take the breath test").
It is true that Mattice may never have explicitly said that he refused to take the test. However, when the troopers asked Mattice whether he would take the test (after warning him that refusal meant suspension of his license), Mattice repeatedly met the troopers' inquiries with non-responsive answers, and he refused to spit out his gum in order to take the breath test. Viewing this evidence in the light most favorable to the verdict, we conclude that a reasonable jury could find that Mattice's actions constituted a conscious refusal to take the breath test.
The judgment of the district court is AFFIRMED.
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