Does a claim of failure to memory constitute evidence that there was a refusal to take a test?
California, United States of America
The following excerpt is from August v. Department of Motor Vehicles, 264 Cal.App.2d 52, 70 Cal.Rptr. 172 (Cal. App. 1968):
We believe that the New York court in Donlick v. Hults, 13 A.D.2d 879, 215 N.Y.S.2d 427, correctly held that a claim of failure of memory as to whether there had been a refusal to take a test does not constitute evidence that there was no refusal.
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