Can a police officer cause a driver to refuse to take a chemical test?
California, United States of America
The following excerpt is from Bruno v. Valverde, A124489, No. 509079 (Cal. App. 2010):
As a general matter, officer-induced confusion may excuse a driver's refusal to take a chemical test. (Webb v. Miller (1986) 187 Cal.App.3d 619, 626.) "It has been recognized that such ground may arise due to the 'juxtaposition of the implied consent warnings (no right to refuse a test and no right to consult with or to have an attorney present during its administration) with the Miranda admonition" advising the driver of the
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