How do I handle an appeal for refusal to take a breathalyzer?
Question Details:
I was in a traffic accident and charged for DWI. I was not convicted. I refused the breathalyzer test. I went to separate court for tha and, the video tapes show clearly I wasn't drunk. The judge ruled in my favor but now the police have appealed the decision and I have to go again. What do I do?
DUI / DWI Law Answers
Clearly the police department is simply asserting its position so that if it wins on appeal it would or could basically preclude you from prevailing in any lawsuit you would have against them either false imprisonment or false arrest. You may wish to hire or at least consult with an attorney regarding this appeal. If the appeal is based on substance (rarely, it is usually based on procedure), you need to be prepared. You need to be prepared as well if the department is arguing you were intoxicated.
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