Articles Tagged with Refusal

Under normal circumstances, the police need only a few things to charge a person with refusal. Although this remains true there have been certain case law clarifications that may provide a window of opportunity for those currently facing refusal charges. I have made these arguments and won. Not every attorney is aware of them.

Regardless it is important to understand what is necessary for the police to proceed on a refusal charge.

First they need to establish that there was probable cause for the arrest. This means that there was a legitimate reason to stop the motor vehicle. It also means that there were, in the totality of the circumstances, enough indicators that you may have committed the offense of driving while intoxicated. Probable cause is not the same as beyond A reasonable doubt. It’s a much lesser burden. None the less, the police must show that it was reasonable for them to act in the way that they did. The report will contain many different statements about how you looked, smelled, talked, walked, etc.