When an officer won't take 'no' for an answer, the driver cannot properly be said to have refused. When raising this defense, use of the full discovery capabilities of depositions in refusal proceedings is advisable. This means that the driver may depose the arresting officer, submit requests for admission, written interrogatories, and demands for production of documents and things. The statutes establish time limits, generally thirty days, for the opposing party to comply with these discovery obligations. The consequence of failing to properly comply with these discovery obligations can included both dismissal of the refusal proceeding and summary judgment for the driver.
Civil discovery is a powerful defense tool for exposing police untruths.
Some prosecutors resent this defense power, and attempt to circumvent the obligations imposed by the statutes, or simply ignore them outright. When they do, it can be a defense to your refusal case. All rights reserved.