Quote:
Originally Posted by Rick Lee
I got a slap on the wrist for refusal with NJ staties because the cops told the prosecutor they wouldn't object to my getting a deal. You just have to refuse everything really politely.
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Under our law, refusal is a separate issue...it calls for a 90 mandatory suspension; i.e., no hardship reinstatement, etc. Its a civil penalty...not a DUI, doesn't go on your driving record, no requirement for 3 years of assigned risk SR22 insurance (about $200/month), etc.
If you don't blow the DUI is based on officer's observation, field sobriety tests such as PBT, walk and turn, HGN, one leg stand, alphabet backwards (all of which I tell everyone to refuse politely), your statements to officer (which is why you say NOTHING remotely incriminating) which you also politely decline.
A cute trick used by officers: they'll tell you "Stand over here by your car" (remember you're being videoed). They'll fiddle around for a while...until you do what is natural...shift on your feet, or lean against your car while waiting. Second you do that, officer will come back and continue interview. When you go to court, officer will testify "He was so drunk he was weaving to keep his balance...couldn't even stand up straight...had to lean against car he was so drunk." You get the idea.
When they ask you to do something for god's sake don't say "I can't even do that sober." Don't laugh happens ALL the time.
Every body in the world says "I've only had two beers..." You'd think the only thing sold are 2 packs. Shheeeesh.
For god's ake keep your mouth shut.