Q: Can I beat a dwi in nys if there is no refusal letter and no video?
I was driving home I believe I passed out and veered into a parked car. I was taken to the hospital because I had a head trauma which I received 5 staples. I refused all test which truthfully I don't remember due to the head trauma . At arraignment the DA had no refusal letter or video of the cop asking me to take any test. The thing they have is the police report which says I refused the test. What are my chances on beating this? If it helps I have no real criminal record this is my first dwi charge and clean license not sure if it matters. Due to no refusal letter I still have my license.
A: Far more facts are needed to answer your question. While it's unlikely that the failure to do the refusal paperwork alone will win the case it is definitely something that works in your favor.
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