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State v. A.B. – Alleged Refusal

A.B. was involved in a one car accident. He was taken to the station for a breath test, but he kept passing out as he tried to blow into the breathalyzer machine. The officer considered this a refusal of the breath test. Mr. Ryczek proved that A.B. did not refuse the test as he was encumbered by a physical condition that prohibited his ability to produce a breath test. Under the law, he could not be considered to have refused the test.