Legal Question in Criminal Law in Pennsylvania

fail or refuse to provide breath sample

citation given at canadian customs,ontario did take (3) breathalizor tests, did not register, resident of pennsylvania what if i cannot make it back for court hearing?


Asked on 7/06/07, 2:44 pm

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: fail or refuse to provide breath sample

This is an interesting question to which I do not know the answer. Maybe someone else can help.

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Answered on 7/06/07, 2:56 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: fail or refuse to provide breath sample

This kind of international criminal matter comes up in just your kind of situation. The problem is that many states and countries have a different view of "cannot make it back for court hearing" than you do. The truth probably is, it would be tremendously expensive and inconvenient for you to get back to Canada--and I sympathize with you. Unfortunately, most countries and states do not care where you actually live when it comes to requiring you to appear. You may be able to enter appearance by counsel, but it would require joint representation by U.S. counsel and canadian counsel. I have handled similar cases before. Feel free to call our offices. -Danny Cevallos, Esq.

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Answered on 7/06/07, 2:56 pm


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