State v. Massick

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding an instruction allowing the jury to consider the driver’s refusal to give breath sample in reaching a verdict did not instruct jury on what factual conclusions to draw from the refusal, so it did not invade province of jury
• allowing jury to consider test refusal as evidence in trial for operating under the influence
• noting one may operate a motor vehicle while intoxicated without actually moving the vehicle, which would obviate the recklessness element of reckless driving
• approving instruction that allowed jury to consider defendant’s refusal of chemical testing in reaching its verdict
• stating the instructions should not give “undue prominence” to certain evidence in the case
• recognizing the results of a PBT are inadmissible

Source: CourtListener parenthetical corpus (CC0).