In order to get where you want to go your going to need to hire your own counsel here. You have some good defense issues per the driving, but its unlikely the PD is going to go the extra mile that's necessary here. You should consult with a DUI practitioner.
You may want to hire a private attorney. The issue is the refusal. Since you refused the chemical test after you were arrested there are enhances penalties. The CHP officer if they did their job correctly should have read to you the consequences of a refusal. Many times that can be worked out with the DA but it is a fight. Also if you were not successful in the DMV action you will lose your license for a year.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
I hope you only went to court once, and didn't plead guilty. Now is the time to hire counsel to discuss your case and represent you.
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In Florida, corpus delecti must be established prior to any admissions. That means that either the officer saw you drive, or you were in an accident, and police can establish your driving through that means. Otherwise, a misdemeanor crime must occur in the officer's presence.
My colleagues are correct - you need an attorney on this. The problem is a refusal to take a chemical test is treated as essentially an admission you are DUI. This is a non-testimonial crime in the sense that the results of a chemical test speaks for itself. Your BAC has no independent right to remain silent and no Miranda warning is required before a chemical test.
That is why you are looking at extra jail time. Plus your admission to driving and the fact you were, I presume, by your car when you flagged down CHP, places you behind the wheel circumstantially within a short time prior to the contact with CHP.
There are thus a variety of issues to be addressed. Call me if you would like my assistance. (213) 324-4206.
If you are not satisfied with the representation that you are receiving you should retain an attorney. Most attorneys offer a complimentary consultation. Interview a few and choose one that you like.
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