Re: Ozzy87 busted for speeding
[ QUOTE ]
[ QUOTE ]
> consenting to the chemical test was fatal.
At least for this, I doubt he had a choice after the weed was found in the car. In many states, it's handled the same way as alcohol: if you are suspected of drinking and driving (i.e., under the influence), you are obligated to take a breathalyzer (you can refuse, but guilt is assumed by law when you do this).
[/ QUOTE ]
Many states have a rule that evidence that a defendnat refused to take a chemical test may be used by a jury to infer that the reason why he refused that test was that he was intoxicated. However, the case is a lot weaker without a chemical test when its presented to a jury. Especially when it is DUI drugs you're charged with (as opposed to alcohol), when the prosecution has to prove beyond a reasonable doubt that you were under the influence of a particular drug, but has no chemical test to pinpoint which one.
[/ QUOTE ]
any good lawyer will tell you to refuse any test and take your chances in court
|