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I was booked for a refusal and i have a prior from 9 and half years ago. I would like to challenge DMV hearing the fact that the police officer did not advise me that i did not successfully completed the breath test (the police report states the following: Attempted to supply me with two breath samples. James would not blow into the Datamaster and both attempts were insufficient) and when the officer ask me for a blood test i declined it because i was under the impression that i had completed the breath test. The police officer also claims on the police report that he read me the Implied Consent Law witch is not true and if it was true why didn't he note down my response on the police report. Isn't the purpose of him reading it to give people a chance not to refuse and complete the test?
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