In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

law did not authorize the arresting officer to require Turbyne to take a breath test when the blood test was unavailable. Gillett, 629 P.2d at 619 n. 10. Nor do our decisions in Gillett and Riley construe the statute as allowing the police to compel a different test when extraordinary circumstances prevent administration of the driver-selected test. The good cause exception we established in those cases applies to excuse the judicial sanction of dismissal of the charges when the police are prevented in circumstances beyond their control from administering the driver-selected test. As Shinaut and Dike demonstrate, when a driver selected to take the chemical test not initially selected, he or she may have voluntarily consented to the search of his or her person. Shinaut, 940 P.2d at 384 (<HOLDING>). When the controlling facts are undisputed, as 
 Holding statements: (A) holding that teachers request for four months leave was not a reasonable accommodation (B) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (C) holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later  request reinstatement and demand a reasonable accommodation (D) holding that erroneous accommodation of a citizens request by a police officer does not warrant the sanction of excluding evidence (E) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada
holding that teachers request for four months leave was not a reasonable accommodation

who have not returned their consents 30 days from the date notice is mailed as unnecessary. Plaintiff replies that reminder notice is necessary because potential class members work in remote locations far away from their homes for long periods of time. Plaintiff argues that reminder notice affects the broad remedial purposes of the FLSA and ensures that potential class members receive notice of their rights and potential claims. District courts are split as to whether reminder notices to potential class members are proper in FLSA actions. See Santinac v. Worldwide Labor Support of Illinois, Inc., 107 F.Supp.3d 610, 618-19, 2015 WL 3486971, *6 (S.D.Miss. June 2, 2015) (citing Garcia v. TWC Administration, LLC, Civil Action No. SA: 14-CV-985-DAE, 2015 WL 1737932 (W.D.Tex, April 16, 2015) (<HOLDING>)). Courts that have denied requests for 
 Holding statements: (A) holding that district courts do not have appellate jurisdiction over state courts (B) recognizing that uniformity has at its heart the equalization of the ratio among all properties in the district (C) holding that a district courts findings under rule 52a are to be liberally construed in support of the district courts judgment (D) recognizing split among district courts (E) recognizing district courts discretion to consider pending state charge in determining sentence
holding that district courts do not have appellate jurisdiction over state courts

5 . We have also examined United States v. United States Coin & Currency, 401 U.S. 715, 91 S.Ct. 1041, 28 L.Ed.2d 434, which afforded retroactivity to Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United State, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed. 2d 906. We feel that the Coin & Currency case is different in that it involved a constitutional immunity barring any punishment. O’ Callahan, on the other hand, involved no such constitutional immunity from punishment, but a question of jurisdiction of State or military courts to hear the case. See Gosa v. Mayden, supra 450 F.2d at 758-759. 6 . Among the decisions denying retroactivity to cases recognizing new constitutional rules are: Williams v. United States, 401 U.S. 646, 91 S.Ct. 1148, 28 L.Ed.2d 388 (<HOLDING>) ; DeStefano v. Woods, supra (holding the rule 
 Holding statements: (A) holding the guarantee against double jeopardy applicable to the states as announced in benton v maryland 395 us 784 89 sct 2056 23 led2d 707 to be retroactive (B) holding the rule that an accused has a right to counsel at any critical confrontation announced in united states v wade 388 us 218 87 sct 1926 18 led2d 1149 and gilbert v california 388 us 263 87 sct 1951 18 led2d 1178 not to be retroactive (C) holding the rule against adverse comments on a defendants failure to testify as violative of the privilege against selfincrimination announced in griffin v california 380 us 609 85 sct 1229 14 led2d 106 not to he retroactive (D) holding the rule on the scope of per missible searches incident to arrest announced in chimel v california 395 us 752 89 sct 2034 23 led2d 685 not to be retroactive (E) holding that counsel must be appointed to indigents for purposes of appeal as announced in douglas v california 372 us 353 83 sct 814 9 led2d 811 to be retroactive

holding the guarantee against double jeopardy applicable to the states as announced in benton v maryland 395 us 784 89 sct 2056 23 led2d 707 to be retroactive