J
jblue
Guest
state: Virginia
in a DUI case in virginia, the officer did not give the person being pulled over any option of refusing the FST or the PBT. These tests are voluntary, doesn't it seem logical, that most motorists would not know they can refuse, and the officer should state an option of refusal. I have researched different things in the va law code and and at least with the pbt it says it can be refused and at the end the officer is to advice the person of their rights under this. So do you think we can use this as a defense.
in a DUI case in virginia, the officer did not give the person being pulled over any option of refusing the FST or the PBT. These tests are voluntary, doesn't it seem logical, that most motorists would not know they can refuse, and the officer should state an option of refusal. I have researched different things in the va law code and and at least with the pbt it says it can be refused and at the end the officer is to advice the person of their rights under this. So do you think we can use this as a defense.