MORGAN, Justice.
This is an appeal from a judgment of the Circuit Court for the Fifth Judicial Circuit, Brown County, reversing the revocation of the driver's license of Kenneth R. Daly (respondent) by the Department of Public Safety (Department). The State appeals from the circuit court's finding that the breathalyzer machine was not working correctly at the time respondent took the breathalyzer test and its conclusion that his actions did not constitute a refusal...
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