When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.
With that said, I replied to him, "look at the wall for what!?" He then replied, "Now your getting a refusal".
I currently do have a lawyer and we are at the stages of plea bargaining. The DA is recommending drug court. I feel this is a plea that I'm being compelled to take although I was not intoxicated nor under the influence of drugs or alcohol. Any "controlled substances" that were in my system were all covered for by medical prescriptions. I was fully coherent at the scene but mentally distressed because I had just come from a domestic violence situation. The officer noted in his notes that my eyes were glassy, this wasn't because I was intoxicated or impaired it was because I was upset!
Any advise or comments would be appreciated.
When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.
