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May 2016 Refusal Dismissed


Outcome: Mr. Abate was successful in having a refusal charge dismissed against his client.

The investigation revealed that the client had wanted to submit to the Alcotest, but the first machine was not working. Mr. Abate then learned the police had taken the defendant to several other departments and those machines had not worked either. After 5 hours in police custody, the police threatened to get a blood warrant and would only release the defendant if he refused. This was improper as the arrest and attempted test were no longer within a reasonable period of time. The refusal charge was dismissed.

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