Is a defendant entitled to explain to the jury why he refused to take an intoximeter test?
California, United States of America
The following excerpt is from People v. Conterno, 170 Cal.App.2d Supp. 817, 339 P.2d 968 (Cal. Super. 1959):
In any case the defendant is entitled to explain why he declined to take the intoximeter test. People v. Harrington, 1955, 138 Cal.App.2d Supp. 902, 906, 291 P.2d 584. He did. The jury was entitled to weigh his credibility as to the explanation, as in the case of any other evidence.
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