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Summons

Hi there,

Wondering if this ever happened to anyone. My male partner was stopped at a checkstop where he blew a fail into the screening device. He then was taken to the bus where they told him to blow again. He said, why he'd already blown. They told him to blow and said it was the same charge as impaired or over .08. He then said, well if it's the same charge, I won't blow. (He was thinking it was not an ADDITIONAL charge). Anyway, the charges on the Notice to Appear were "Impaired" and "Refusal to provide...". Last week, he received a summons listing only one charge, "impaired". Has anyone had a refusal charged dropped and why on earth would they do that?

Thanks,
Carol
CarolEggers CarolEggers 41-45 2 Responses Jan 26, 2013

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Hi, funny that. He just went to court yesterday and the crown charged him with refusal even though the summons said impaired. Anyway, it went well and I wrote about it in another post. 1 year suspension, after 3 months ignition interlock, no victim surcharge plus a $1000 fine. We are in Canada. He did not have a lawyer and got the same as everybody else who had lawyers so he save some money!

Canada!! Omg they won't let in Americans who have a DUI across the boarder. That's why I am getting mine expunged. Interlock is worst part...classes you make friends at.

Refusals can be worse with a DUI case. Especially in California. What state do you live in? I say get a good lawyer and probably he will just have a longer suspended license period if convicted.