STATE v. SMITH


681 S.W.2d 569 (1984)

STATE of Tennessee, Appellee, v. Barbara A. SMITH, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

January 16, 1984.


Attorney(s) appearing for the Case

Jim W. Stambaugh, Morristown, for appellant.

William M. Leech, Jr., State's Atty. Gen., Wayne E. Uhl, Asst. State's Atty. Gen., Thomas H. Potter, Research Asst., Nashville, Berkeley Bell, Dist. Atty. Gen., Edward Sempkowski, Asst. Dist. Atty. Gen., Morristown, for appellee.


OPINION

BYERS, Judge.

The defendant was found guilty of DUI and, as a second offender, was fined five hundred dollars and sentenced to serve eleven months and twenty-nine days.

The defendant says the state was erroneously allowed to show she refused to take a breathalyzer test and says when she asked to take the test the officer refused to give the test. She contends these actions violated her constitutional rights. The defendant does not attack...

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