Client was stopped for driving 105 mph in Baltimore City. She had been drinking and the officer got her out of the car for SFSTs. She was really good on the video but she declined the breath test. EXCEPT, I watched and listened to everything said, especially in the police car on the way to the police station.
The officer told her she would not have been arrested without the results of the preliminary breath test. Well now knowing she failed that test she chose not to take the evidentiary breath test. The police officer is not supposed to tell the client the result of the PBT, nor influence the decision whether or not to take the evidentiary breath test at the station. The client testified she only refused because the police officer told her she failed the PBT. Having induced her to refuse, the refusal could not be used as evidence against her. In fact I was able to argue that if she had taken the test it would have been favorable.
The end result was guilty of speeding and the judge reduced the speed so she did not get 5 points. You have to read and listen to everything!