 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Zahtila v. Motor Vehicle Division2/3/1977
Zahtila refused the test, under the circumstances of this case it must appear that the 25-minute delay would materially affect the result of that test. Since the hearing officer declined to consider evidence on this issue, we remand the case for an additional hearing thereon. We also conclude that Zahtila must carry the burden of proof.
The judgment is reversed and the cause is remanded to the trial court with directions to remand the cause to the Department for further proceedings consistent with the views herein expressed.
Disposition
Reversed.
|