How can I get the Judge to Dismiss my case for refusal of a Chemical test when I didn't and no one will listen?

Business 6 views 5 answers
I was charged with a Blood Test Refusal, but I never Refused. I did however refuse a Breathalyzer because I was afraid it would affect my pacemaker. The cop had me read and sign a 1547 form in the interrogation room, that said if I refuse a Blood Draw I would be charged with the max for DUI. I read it, signed it, got a copy of it, and waited for the Blood Test. He then released me. 3 days Later, I found out he filled out the affidavit stating I refused the Blood Test. I DIDN'T. He never took me to get it. On My copy of The 1547 The Affidavit section is Blank. But he Submitted his altered copy to PENDOT and The Court. I found out later he was supposed to read it to me in the presence of a witness and then have me sign it. There was a Video Camera in the room but they wont release the video

Attorney Answers

5
Jeffrey Rowe ·
I'm going to disagree with some of my colleagues on this one. There is some recent caselaw on this issue that may help you out on the refusal.
0 upvotes
Robert Keller ·
It is very important for you to retain a criminal defense attorney who has expertise in the area of DUI cases. There is too much at risk to proceed unrepresented. Good luck.
0 upvotes
Thomas Wagner ·
The law is pretty clear that anythung but an unqualified assent to a test for BAC is a refusal. A person who is requested to take a test does not have the right to pick what kind of test he will take. It sounds like you are claiming that the officer somehow mislead you into believing you could choose what kind of test. Assuming that such misleading is a defense to the license suspension, the license suspensiion appeal outcome will likely turn on who the judge beleives.
0 upvotes
David Mueller ·
You need to get a criminal defense attorney immediately. Nobody is listening to you at this point because the law provides a proper time and place to be heard. Your lawyer will know what that time and place is. The biggest mistake you could make at this point is to start showing up at court hearings attempting to "tell your side" to the judge without an attorney. Get a criminal defense attorney ASAP, and do not talk to anyone about the case in the meantime.
0 upvotes
Ethan Meaney ·
Hire an attorney to assist you. Don't do this yourself.
0 upvotes

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