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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Why Is a Chemical Test Time Recorded if No Test Was Performed

    In New York, on a CPL 710.30 notice given to a DUI defendant by a prosecutor, a "time of test" is indicated on the form for "chemical test info". However, the driver did not take any form of breath, blood or urine test. Why is there a time of test if no test was in fact administered?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,830

    Default Re: Why Is a Chemical Test Time Recorded if No Test Was Performed

    Odds are the defendant was asked to submit to testing and refused. If that's the case, the time that is recorded on the form would reflect the time of refusal.

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