offer of a chemical test (Indiana) · Go Syfert
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offer of a chemical test in Indiana

6 Indiana opinions name it 2 courts 1994–2020 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Steward v. Stategreen
indctapp · 1994 · cited in 4 Indiana opinions naming this issue, 2002–2020
2 sentences

2020If the offer was illusory, Kingma’s refusal would not be a proper basis for the administrative suspension of his driving privileges, and our reversal of the trial court’s order denying his motion for judicial review would be in order. [16] “A chemical test cannot be ‘refused’ unless it is ‘offered’; thus, the propriety of the offer of a chemical test is relevant to the issue of whether it is refused.” Steward v. State, 638 N.E.2d 1292, 1294 (Ind. Ct. App. 1994).

2017As explained in Steward v. State, 638 N.E.2d 1292 (Ind. Ct. App. 1994), a chemical test “cannot be ‘refused’ unless it is ‘offered’; thus the propriety of the offer of a chemical test is relevant to the issue of whether it is refused.” Id. at 1294 (holding Steward did not refuse urine test for marijuana: offer of test was illusory because not administered properly; no sample was obtained during required three-hour statutory window).

34
Zakhi v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 1994–1994
1 sentence

1994See Zakhi v. State (1990), Ind.App., 560 N.E.2d 683, 686 (to establish adequate "refusal," arresting officer must inform the accused of the consequences of refusal to take the test); Gibbs v. State (1983), Ind.App., 444 N.E.2d 893, 895 , reh'g denied (driver who would not take a field sobriety test or a breathalyzer test did not "knowingly refuse to submit" to a chemical test because she was not properly informed of the implied consent law and of the consequences of refusal to submit) 1 Steward was not properly offered a chemical test.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Kristy Burnell v. State of Indiana green
indctapp · 2015
1 sentence

2016So yeah, I guess I gotta take it.” Id. at 774 .

12016–2016
Gibbs v. State green
indctapp · 1983
1 sentence

1994See Zakhi v. State (1990), Ind.App., 560 N.E.2d 683, 686 (to establish adequate "refusal," arresting officer must inform the accused of the consequences of refusal to take the test); Gibbs v. State (1983), Ind.App., 444 N.E.2d 893, 895 , reh'g denied (driver who would not take a field sobriety test or a breathalyzer test did not "knowingly refuse to submit" to a chemical test because she was not properly informed of the implied consent law and of the consequences of refusal to submit) 1 Steward was not properly offered a chemical test.

11994–1994

Statutes the citing opinions construe

IN § Ind. Code § 9-30-6-2 (5) IN § Ind. Code § 9-30-6-1 (3) IN § Ind. Code § 9-30-6-10 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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