Q: I was given a chemical analysis to determine alcohol or substance but they failed to get my signature, no refusal to it.
Can this help my case any if I did not refuse the signature?
A:
Interesting question, which, if I understand it, is: Are you required to sign the 20-16.2 rights form?
The answer is: Not necessarily.
The legal issue(s) probably would boil down to whether the rights were actually read and whether a copy of the same provided to the accused.
Normally a signature indicates or at least suggests proper process was filed, rights were advised, and a person understood those rights.
Indeed, there are times when people can't or just won't sign.
That doesn't necessarily require suppression of the breath test; nor would that cause an automatic dismissal of the charges.
More information would be helpful, which probably would be best shared PRIVATELY with an attorney.
Many criminal defense lawyers provide a confidential consultation, free of charge.
Really good question though!
Bill Powers
North Carolina DWI Defense Lawyer
CarolinaAttorneys.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
