To waiver or not to waiver

[chelseafan 0]

Does REFUSAL TO TEST A SAMPLE fall into the CIMT category?

Since our attorney has not been as forthcoming as the folks here on VJ (we were told, very casually, that there is no US equivalent....hence not to worry). The story: Fiance works in hotel management, three weddings going, bartender no-shows, she works the bar for part of the evening. Driving home at 3am, she falls asleep. She has a massive crash, breaking her neck (same injury as Christopher Reeves)...docs tell her parents she probably won't live, keep her in a medically induced coma for days.....after weeks laying flat on her back NHS finally get her a halo. They bolt this huge metal scaffolding to her head. She's sent home with massive amounts of pain killers...Mum and sister run to the store....police show up with a vial of blood that they "say" is hers, admit it's been unrefrigerated for the one and a half drive from the station....and can't produce the docs signature that allowed them to take it. She asks to call her attorney..they refuse. they get belligerent, she tells them to leave....they have her sign a "REFUSAL TO TEST A SAMPLE".

It goes to court, her attorney tells her to plead guilty.....not even opting to fight it on the grounds that she was NOT "compis mentis" due the pain meds. Court states, that she is "unfortunate"...that the law was not designed to "penalize people in her situation"......however, they fine her the smallest fine possible and revoke her driver's license for a year.

What do you guys think?

[Boiler 43,462]

Might well do, one up from DUI.

I have seen it mentioned in the context of Naturalisation, do not know about the Visa stage. And as that would have been from an incident in the US there certainly is the same sort of charge.

Edited February 17, 2007 by Boiler

[chelseafan 0]

Thanks Boiler, for your input. It is obviously an area of concern for both of us. Now that we have NOA2...it's looming larger.

[meauxna 15]

Might well do, one up from DUI.

I have seen it mentioned in the context of Naturalisation, do not know about the Visa stage. And as that would have been from an incident in the US there certainly is the same sort of charge.

Reminds me of the guy on BE who was concerned with his no-go breathalyzer test a bit back.

Didn't it turn out as an un-problem for naturalization?

We are not, however, that far along here. OP, thought about getting a legal opinion?