I’ve represented many clients charged with Refusal to Submit to a Chemical Breath Test. This ticket is usually accompanied by a DWI charge as well. Refusal charges are typically difficult to beat. I feel that I have better success than most overcoming a refusal charge. In most cases, the penalty one faces for refusal can far exceed the penalty for a DWI charge when it come to loss of license.
Over recent years there have been several appellate division cases regarding the procedural aspects of refusal. Most of those have not gone well for the defendants involved or the lawyer who filed it.
However, I have had recent success arguing a new procedural issue that has got some traction and has even resulted in some police departments changing the way they issue refusal violations.
I don’t want to necessarily go to much into the defense, but it is a simple and easy to understand concept which is great for the Municipal Court System. The argument can be summed up in a two or three page brief. The timing of the argument is the most important in my opinion.
If you or anyone you know is facing a refusal charge, it makes sense to see if there is standing to make this argument. I’ll know within 30 second of a consultation whether is can be done.