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DUI refusal reduced to traffic ticket

Dianna was charged with DUI Refusal. At motions, we were able to convince the judge that Dianna only “refused” the breath test because the arresting officer, after initially allowing her to read the Implied Consent Warnings herself, took them away from her shortly after because he decided she wasn’t looking at the right part of the form.

In addition to getting the refusal evidence suppressed at the hearing, we did enough damage to the officer on the stand that we were able to negotiate a 12 month diversion agreement for Dianna, after which the original DUI charge was reduced to a traffic ticket.