breathelizer
My son refused this test, agreed to it,
refused again and finally agreed all
within an ok time frame but was told
the last refusal stuck.....is there
another case you know of like this?
3 Answers from Attorneys
Re: breathelizer
As long as he agreed to do the test within the time limit and if the arresting officer is still present, he has to be given the test. In such a case it is not a refusal.
Re: breathelizer
Jim is correct. There is good case law on this that is very recent. Cop may not have known about that.
Good for both the DMV hrg and the criminal case.
Re: breathelizer
Generally one may recant (take back) a refusal so long as the test can be done within two hours. Did your son request a hearing in this case? You may wish to call us at 303.806.5104 for a free consultation.
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