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| How We Neutralize the State's Most Powerful Weapon in a Refusal Case |
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The state's most powerful piece of evidence in a refusal case is the refusal itself. The prosecutor is permitted to argue to the jury that the mere fact that the defendant refused the breath test leads to an inference of guilt. In other words, the state may argue to the jury that the defendant refused to take the breath test because he or she knew the result would prove intoxication.
During the trial of a refusal case, it is of utmost importance for the defense to disarm the prosecution by neutralizing its most important weapon. Read on to find out how we do it.
The most important part of our strategy occurs during jury selection. We ask jurors to tell us legitimate reasons why a person might refuse a breath test. During the ensuing discussion, potential jurors discover that there are several legitimate reasons for refusing a breath test other than knowledge of guilt -- distrust of the breath machine, or advice from a trusted friend, relative, police officer or lawyer, just to name a couple. During the jury selection, we are able to educate jurors, create receptivity to our message and weed out potential jurors who are convinced that a person who refuses is guilty.
We weave the legitimate refusal theme into the evidence phase of the trial and our closing argument. But we are convinced that most refusal cases are won during jury selection. |
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Florida DUI Defender
David B. Pakula, P.A.
Attorney At Law
1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
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dpakula@infionline.net
http://FloridaDUIDefender.com
Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.
Mr. Pakula is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.
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