The jury deliberated for 2 .5 hrs. just after 2 hrs the jury had a question that they wrote on a piece of paper and the judge read it to counsel on record. The question was
" can we find the defendant not guilty for DUI but find him guilty for refusing the the chemical test?"
The judge wrote back " NO" and sent it with the balif to deliver it to the jury.
I believe that the jury miss understood the judges answer and that is why they ruled Guilty.
I believe that the judge should have called the jury back into court and explained to them that if you find the defendant not guilty of driving then the refusal is a mute point.
In which case the judge inadvertently gave them the wrong answerer and they were forced to give a guilty verdict.
Is this a reason for a motion for new trial?
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