numerous things can go on while the jury is in recess. Jury instruction arguments are one example. see the recent George Zimmerman case where the arguments over 3d degree murder were held outside of the jury's hearing. Legal arguments over what evidence the jury should be allowed to hear take place outside the jury's hearing.
You should hire an attorney asap if you are within the 10 days of the ticket. Obviously the cop did not feel that he had probable cause or at least not enough to make an arrest. Schedule a hearing or comply with the 10 day waiver provision so that you don't lose your license but you have a good shot at getting the refusal tossed. Hire a lawyer to evaluate if you are within the 10 days.