My question involves criminal law for the state of: California
The DataMaster Subject Data Report from Los Angeles County Sheriff's Station reads as follow:
test Date: 06/05/10
test Time: 3:13:08
Location: Industry Stn
Subject Sample 1: 0.037
Try: 5
Simulator Result:
Subject Sample 2:
Try:
Simulator Result:
Code:
Try:
Simulator Result
Subject Sample 3:
Code:
Try:
As you can see per above, the machine only registered one number and it, therefore, gave "insufficient sample" print out.
I then tried again for the second time and the results are:
test Date: 06/05/10
test Time: 3:19:30
Location: Industry Stn
Subject Sample 1: 0.044
Try: 5
Simulator Result:
Subject Sample 2:
Try:
Simulator Result:
Code:
Try:
Simulator Result
Subject Sample 3:
Code:
Try:
under title 17 , the machine must register two numbers that are not apart by more than .02 . This is the case. However, this happened on two separate tests rather than one and the police was not able to observe the result at the scene. I was given a DUI with refusal allegation due to the "insufficient sample" print out twice. I am about to also lose my license.
based on the above explanation, I would like to see if I this is considered refusal or if DMV can suspend my license. My most concern is the DMV hearing as I do not think that the court can charge me based on this evidence.
By the way, the field sobriety test is full of lies by the officer as if I failed all the tests. The police report does not mention anything wrong about my driving except that i was going 10 miles above speed limit.

