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ywholey@aol.com

Record of Refusal to take the breathalyzer

3 posts in this topic

Can a case be defeated for the lack of this mandate. By law the arresting officer must submit a record of refusal to the Registry of Motor Vehicles within 24 hours. There should also be a witness to the refusal and that person should be recognized on this document.

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Title xiv chapter 90 section 24(f)(1), Except the report of the refusal must be written within 24 hours and submitted "forthwith" to the registrar.  The refusal does not defeat the dui itself and is not evidence in the dui case.  The dui can still be proven by driving behavior, sobriety test, and other observations.

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