On today's episode, Jake examines how to minimize the impact of evidence of refusing chemical testing in the courtroom. If a potential DWI client tells you that the officer said that they had refused chemical testing, you need to know what implications stem from the refusal designation. Given how many defendants are indicated as refusing chemical analysis by an officer, this episode is a must listen for the NC DWI practitioner!
Highlights:
- Learn how to use the North Carolina Pattern Jury Instruction on refusal to teach the judge or jury how to evaluate evidence that your client refused a blood or breath test.
- Uncover why your client not having a driver's license at the time of being charged with driving while impaired might help you in a refusal case.
- Discover how to bring your client's motivations, whether expressed or not, for refusing a chemical test into the scope of the judge or jury.
- Find out how to attack the admissibility of a single breath result followed by the officer's designation of a refusal.
