Outcome: Dismissal Of Refusal Charges
Many attorneys believe that DUI refusal charges are difficult and recommend taking a plea. In this particular case, our client was visiting New Jersey from another state and was charged with DUI. Our client is an asthma sufferer who attempted to produce air flow for the breath test, but respiratory issues prevented a successful reading. Mr. Abate and his team recognized this and obtained the client’s medical history, documenting that the pulmonary issues would have prevented a valid breath. Presenting this defense to the Court, the refusal charge was deemed inappropriate and was dismissed.
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