refusal to blow
officer was unable to get reading on blow meter wrote up as refusal to blow results in 1year loss of lisenceif not appealed any appeals won or wasting time on appeal with state
2 Answers from Attorneys
Re: refusal to blow
Under the facts that you described, you may have a very good chance of success in appealing the refusal claim. Contact an attorney in your area immediately. You have a limited time in which to act.
Good Luck
Re: refusal to blow
Actually, these cases are quite common. You may file a Petition for Review by a judge of the Department of Revenue's decision to Revoke your license for one year. At that hearing you may testify and present evidence that you complied with the officer's instructions and did not refuse the test. The officer will probably testify that you blew "around" the tube or did not blow hard enough on purpose which counts as a refusal. Then a Judge will decide. Sometimes we are able to win these, but it is definitely an uphill battle. Good luck.
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