State v. Rothenberger
Annotate this CaseAfter a jury trial, Defendant was convicted of refusal to submit to a chemical test. Defendant was sentenced to six months’ probation. The district court and court of appeals affirmed. The Supreme Court affirmed, holding that the district court did not err in affirming the judgment and conviction, as (1) Defendant’s arrest for driving under the influence of drugs was supported by probable cause; (2) the county court did not err by directing a verdict on the charge of refusing a chemical test; and (3) the county court did not err by refusing to give Defendant’s proposed jury instructions defining “chemical test” and “drug.”
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