People v Jackson and the PAS Test
In November 2010 a California appellate court held in People v Jackson that a trial court committed error in allowing evidence of a DUI suspect's refusal to submit to a PAS test. The justices in Jackson held it made little sense to grant a statutory right of refusal to the motorist yet allow the prosecution to admit evidence of that refusal to establish consciousness of guilt. The Court in Jackson based its opinion on statutory language that confers a right of refusal upon a driving under the influence suspect as well as the Court's interpretation of the Legislative intent in codifying the right to refuse a PAS test and the officer's obligation to inform a defendant of that right.
If you are arrested or charged with a DUI or DUI with Injury contact
Christine McGuire,the Santa Cruz DUI Defense Attorney, Christine McGuire, the Santa Cruz DUI Defense Lawyer, Christine McGuire, the San Jose Criminal Defense Attorney, Christine McGuire, the San Jose Criminal Defense Lawyer.