The following is the determination of the trier of fact for each indicated contention raised by the Respondent and the findings for each of the indicated primary issues.
ISSUE: Did the officer tell the Respondent a blood or urine test was required and explained the consequences of refusal?
ISSUE: Did Respondent refuse to take or fail to complete a blood or urine test to determine if he was under the influence of a drug, or a drug and alcohol?
» Contention: Counsel contested that the arresting officer did not admonish the Respondent properly since there is no proof if the officer able to read and speak flue in Spanish. In addition, the level of respondent’s fluency in Spanish is uncertain since he responded to the drug admonition in English. …show more content…
Respondent’s misunderstanding in regards to the drug admonition was unfounded and undisclosed. In addition, based on the department’s evidence, the Officer’ Sworn Statement (DS-367) (Exhibit 1) and The Arrest and supplemental Report (Exhibit 2) officer read the chemical drug test admonition verbatim telling respondent of the consequences of refusing to submit to a chemical test. Respondent's refusal was clear and unequivocal. He was given multiple opportunities by the officer to choose and submit to a chemical test; however, respondent repeatedly refuse to do so.
» Contention: Counsel for the respondent argued that since Respondent scared of needles, Officer Castillo should have offered him the urine test. » Determination: Respondent’s conditional consent to taking the chemical test does not excuse him from taking the test under the law. Respondent’s feeling in regards to the peace officer was unfounded and undisclosed; peace officers are not required to determine the psychological state of a driver’s mind for the purposes of administering the admonition. Respondent’s state of mind did not excuse him from taking the chemical test at the officer request. In addition, counsel did not offer any proof or evidence that Respondent has hemophilia or is using an anticoagulant medication for a heart condition to eliminate the blood and offer him the
ISSUE: Did the officer tell the Respondent a blood or urine test was required and explained the consequences of refusal?
ISSUE: Did Respondent refuse to take or fail to complete a blood or urine test to determine if he was under the influence of a drug, or a drug and alcohol?
» Contention: Counsel contested that the arresting officer did not admonish the Respondent properly since there is no proof if the officer able to read and speak flue in Spanish. In addition, the level of respondent’s fluency in Spanish is uncertain since he responded to the drug admonition in English. …show more content…
Respondent’s misunderstanding in regards to the drug admonition was unfounded and undisclosed. In addition, based on the department’s evidence, the Officer’ Sworn Statement (DS-367) (Exhibit 1) and The Arrest and supplemental Report (Exhibit 2) officer read the chemical drug test admonition verbatim telling respondent of the consequences of refusing to submit to a chemical test. Respondent's refusal was clear and unequivocal. He was given multiple opportunities by the officer to choose and submit to a chemical test; however, respondent repeatedly refuse to do so.
» Contention: Counsel for the respondent argued that since Respondent scared of needles, Officer Castillo should have offered him the urine test. » Determination: Respondent’s conditional consent to taking the chemical test does not excuse him from taking the test under the law. Respondent’s feeling in regards to the peace officer was unfounded and undisclosed; peace officers are not required to determine the psychological state of a driver’s mind for the purposes of administering the admonition. Respondent’s state of mind did not excuse him from taking the chemical test at the officer request. In addition, counsel did not offer any proof or evidence that Respondent has hemophilia or is using an anticoagulant medication for a heart condition to eliminate the blood and offer him the