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DUI or Refusing test

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S

Smooth1

Guest
I was stopped in Ct on Dec 15 and refused both the field tests and breath test,and was charged with Operating under the influence 14-227a Shouldn't it have been for refusing to submit to the tests 14-227b? And if so do I have a defense in court for being arrested on the wrong charge?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Possibly. I say possibly because there might be precedent case law saying the d.a. has leave to amend that citation or something or that police witness to your behavior might be a viable alternative to either test.
 
T

TimC

Guest
In some states you lose your license for one year merely for refusing to take the test.
 

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