Originally Posted by D Yizz
No probable cause to pull over or to perform test? Problems with Intoxylizer or operator not properly certified?
The cop performed field sobriety tests and my guy failed. Cop arrests him on suspected DWI and brings him in. My guy blows a 0.0. They issue him a DWI anyway for being under the influence of narcotics. Cop asks for urine or blood sample and my guy refuses. In NJ, when there is a refusal, the cop is supposed to read a mandatory statement about how the person has no right to refuse, and the cop doesn't read it and does not cite my guy for refusal. We go to trial - 0.0 reading, no blood, no urine, no admissions, no proof of intoxication. Directed verdict for the defense.