State v. May
Annotate this CaseA state trooper arrested Lindsay May for driving under the influence. May agreed to submit to a breath test, but her initial efforts failed to provide an adequate breath sample. After the trooper informed her that the insufficient breath sample constituted a test refusal under Kansas law, May requested an opportunity to retake the breath test. The trooper denied the request. At trial, the district court found that May had validly rescinded her her test refusal and suppressed any evidence of a test refusal or of the test result on the insufficient sample. The court of appeals affirmed. The Supreme Court affirmed, holding that May effected a valid rescission of her constructive test refusal, and therefore, the district court was correct in suppressing the evidence.
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