What would be a good defense at trial for ‘refusal to blow’ when arrested for DWI?
Monday, May 11th, 2009 at
8:47 pm
Jetstream asked:
Going to trial. Refused to take the breathalizer when pulled over for speeding, because an attorney had previously advised me to never take the test. Now I’m being prosecuted for ‘refusal to blow.’ What is a reason that will convince the jury that I had a good reason to not blow?
Going to trial. Refused to take the breathalizer when pulled over for speeding, because an attorney had previously advised me to never take the test. Now I’m being prosecuted for ‘refusal to blow.’ What is a reason that will convince the jury that I had a good reason to not blow?
Claim that you suffer from a medical condition like asthma or an allergy which makes it difficult for you to give the long blow required. You will then not lose your licence. You will go to jail for perjury instead.
None. Refusal to blow shows that you had something to hide. I would convict you on that alone.
Maybe you should ask that attorney again. Refusing to blow is pretty much a slam dunk for the prosecution. What would you argue, that you were too drunk to make an informed decision?
I like that one – I was too drunk to blow into the breathalyzer. And I would definitely get a new attorney. That does make you look guiltier than you were!
Well instead of trying to get out of it how about being a adult and admit to the fact that you screwed up. Just be remorseful and maybe the judge will take it easy on you. And what ever attorney told you never to take a breathalyzer he needs to represent you in court so he can explain to the judge why he gave you such F*&k up information !!! Even if you were not drunk you refuse to take the test in the law’s eyes that’s a sign of guilt your screwed
find that attorney and kick him in the NUTS !!!
I’m curious why you’ve been advised “before” to never submit to this test? Could it be that this isn’t the first time you’ve participated in our judicial system?
So your lawyer told you to always refuse? Please tell me you didn’t refuse even though you hadn’t been drinking…
Anyways, just tell them you were experiencing breathing problems that night due to anxiety or something. Then breakdown and start talking about how you have been feeling really anxious and depressed (but haven’t resorted to alcohol because of this) and they might just let you off on the sympathy card.
However, if they took you down to the station after you refused and breathalyzed you there…you’re screwed.