Quote:
Originally Posted by urban1
He did NOT refuse to provide a breath sample.
He failed to successfully provide a breath sample.
Legally they are different. He blew into the breathalyzer but it couldnt register. The guy likely intentionaly didnt blow hard enough. But now he can argue that he has a medical condition or was scared and short of breath or something similar.
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Not correct. Legally, the charge is the same. I believe you are stating that a flat out, 'no f'n way am i blowing on that thing' is harder to defend then someone not blowing hard enough. I will certainly agree with you there.