He did not object. Because he is a lawyer and he and the judge & the prosecute are lawyers. They all know the law. It is an easy answer to comprehend for them. But for me. I did not understand i. My Lawyer had to explain it to me. The jurors did not have the luxury of having a lawyer with them. So they probably understood it as if they find me guilty of refusal then they have to find me guilty of Driving.

You seem to understand the general principle pretty well. Know that you can appeal a misdemeanor criminal verdict: it goes to the "Appellate Department" of the Superior Court. Here in SF there are attorneys who take this cases via appointment by the court. You might be able to get a court-appointed appellate attorney for this purpose.

If your attorney did not object, he is not likely to file a motion for a new trial on the grounds you have suggested.

Discuss it frankly with your attorney. If you are having doubts about your attorney's advice, get a second opinion. I would not - under any circumstances - want you to forego a motion for a new trial if an attorney who knows the record and the case suggests that it is advisable. I think we've reached the limit of my ethical ability to respond to your questions. I do wish you good luck.