Consent And Refusal To Submit To A Chemical Test
Cate, Terry & Gookins LLC attorney, Russell Cate, will be arguing the issue of whether “anything short of an unqualified, unequivocal assent” to a reading of Indiana’s Implied Consent law constitutes a refusal to submit to a chemical test under Indiana Law. In a 1-1-1 opinion the Court of Appeals created a bright line rule that “anything short of unqualified, unequivocal assent constitutes a refusal in the case of Burnell v. State. The Indiana Supreme Court granted transfer and set the case for oral argument on January 27, 2016 at 10:30 a.m. The case has a profound impact on future OWI refusal cases in the State of Indiana and its outcome is one that will be followed closely by defense counsel and prosecutor throughout the state.