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Law Office of David Knoll
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Recent California Appellate Decision regarding your Constitutional Right to REFUSE A DUI CHEMICAL TEST
The defendant was arrested for DUI and refused to take a chemical test. The DA got a conviction under PC 148  (Resisting or Obstructing a Policeman in performance of his duties). The Riverside Superior Court Appellate Division says it was OK to refuse because the Legislature has spelled out the CA punishment for a refusal thus a Citizen has every right to refuse and suffer those consequences. Therefore, he can not be convicted of obstructing the Cop in performing his duties so it precludes a 148 conviction. In addition, the defendant had a constitutional right to refuse, and a 148 can't be based on conduct that the defendant has a constitutional right to engage in. People v. Valencia; APP1400147; 9/30/15; Riverside Superior Court Appellate Division

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