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Brown v. State3/16/1999
t Court weighed the strength and weight of the conflicting testimony and found that Brown heard Corson read the advisory form and that Brown "purposefully and knowingly refused the breathalyzer test." We will not second guess the District Court's determination that Corson's testimony was more credible than Brown's. Thus, since the advisory form clearly stated that Brown's license would be seized and suspended for six months if he refused to take the requested breath test, we conclude that Corson adequately informed Brown of the requirement to take a breath test and of the consequences of refusing to take a breath test and, therefore, that Brown made an informed decision, as a matter of law, when he refused to take a breath test.
. Affirmed.
JAMES C. NELSON
We Concur:
WILLIAM E. HUNT, SR.
JIM REGNIER
TERRY N. TRIEWEILER
W. WILLIAM LEAPHART
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