Gene Wolf v. Plibrico Sales and Service

Defendant-appellant Terry L. Davis appeals from a determination of the trial court wherein the trial court in a probable cause hearing determined that Davis knowingly and wilfully refused to take a breathalyzer[Footnote 1] test, and as a result of Davis refusal to take the breathalyzer test, the trial court, pursuant to IC 1971, 9-4-4.5-4(c) (Burns Supp. 1976), sent Davis drivers license to the Commissioner of the Bureau of Motor Vehicles with a recommendation that Davis license to drive be suspended for one year.