QUESTION
Can I be charged with refusal if the officer ticketed me on it?
Asked on Jan 07th, 2014 on DUI/DWI - Florida
More details to this question:
I got charged with a DUI refusal but the officer did write refusal on the ticket and I did not refuse.
9 ANSWERS
Michael J. Breczinski
Then you want to get a lawyer and fight the matter.
Answered on Jan 14th, 2014 at 6:37 AM
Criminal Law Attorney serving Columbia, SC
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O'Leary Associates, P.A.
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Yes. Need to make sure you got proper refusal form to request administrative hearing. The DUI issue is criminal the refusal issue is administrative. Call an attorney for a free consultation.
Answered on Jan 10th, 2014 at 9:54 AM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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Request a hearing on the issue by filling out the form on the back of the refusal notice and stating that you did not refuse.
Answered on Jan 09th, 2014 at 10:09 PM
Absolutely you can and will. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license from a very long refusal suspension.
Answered on Jan 09th, 2014 at 9:57 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You can be charged. But you can fight it by showing you didn't refuse.
Answered on Jan 09th, 2014 at 12:35 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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You must challenge it then in court.
Answered on Jan 09th, 2014 at 12:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, obviously you have a factual dispute. You'll have to defend yourself if the charges have been made.
Answered on Jan 09th, 2014 at 12:09 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, if you are referring to refusal to submit to breath and/or bodily fluid testing and the charge is plain DUI, then yes, the State can allege that you refused to submit to testing under certain conditions. These conditions are very highly contested in the legal arena right now and there are technical arguments in regards to a lot of them right now. You should consult in person with an attorney as soon as possible regarding these matters. I do hereby clearly advise against any reliance on the information as advice or application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jan 09th, 2014 at 12:03 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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"Refusal" usually means you declined to take the Field Sobriety Tests or the Breath Test.
Answered on Jan 08th, 2014 at 10:04 PM