Quote:
Originally Posted by Jimmy Krack Korn
Of course you are fully within your rights to check into this further and if, because the cop neglected to check the "fail/refuse to provide breath sample" you are successful in your appeal, good for you, the cop should have known better/been more thorough.
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It's not a matter of failing to check a box. That stuff can easily be fixed and doesn't give grounds for an appeal.
The fact that he was never given a breath/blood test AND was not asked to take a breat/blood test AND did not refuse (as no oppotunity was given), creates an error in law.