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.
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Question: 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

Answer: holding that teachers request for four months leave was not a reasonable accommodation

Question: to commit himself to such an alternative to a federal sentence. 2 . Defendant also raises two additional arguments: (1) that the district court improperly based its sentence on the defendant's refusal to waive his constitutional and statutory rights to oppose his deportation; and (2) that the district court failed to appreciate the scope of its authority to consider, as a mitigating circumstance upon which to base a departure, defendant's vulnerability and susceptibility to abuse in prison due to his physical condition. Both arguments lack merit. As to the first argument, the conditioning of a downward departure on the surrender of a statutory right to a deportation hearing would not have offended due process. See United States v. Galvez-Falconi, 174 F.3d 255, 260 (2d Cir.1999) (<HOLDING>). See generally United States v.
Holding statements: (A) recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart (B) holding that district court had authority to grant section 5k20 downward departure despite governments opposition (C) holding that the district court was not required to state affirmatively on the record that it knew it possessed the authority to depart downward (D) holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart (E) holding that where a defendant malees a showing that the act of consenting to deportation carries unusual assistance to the administration of justice district court has authority under ussg 5k20 to depart downward in absence of the governments consent

Answer: recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart

Question: fact affirmatively rejected the court's invitation to consider the instruction's applicability. Additionally, the State argues, the evidence did not generate a self defense instruction, because appellant's recorded statement to the police and her trial testimony showed that she understood the spitting to be accidental, and appellant did not produce testimony that she believed that she was in immediate or imminent danger of bodily harm. Analysis We agree with the State that any error on the part of the trial court in failing to give a self defense instruction is not only not preserved for our review, but is affirmatively waived. First, appellant waived her rights on this issue when she did not request a self defense instruction. See Tull v. State, 230 Md. 152, 156, 186 A.2d 205 (1962) (<HOLDING>); Martin v. State, 174 Md.App. 510, 520, 922
Holding statements: (A) holding that instruction that omitted elements of crime that defense had conceded was error although not plain error (B) holding that it was not error for the court to give a substantive new instruction to the jury after deliberations began where the instruction was given in court with the defendant and his counsel present (C) holding that failure to request jury instruction about manner in which evidence was obtained was not error and thus did not constitute ineffective assistance because defendant was not entitled to instruction (D) holding that failure to give a limiting instruction for 404b evidence is not plain error (E) holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one

Answer:
holding that instruction that omitted elements of crime that defense had conceded was error although not plain error