✓ Defendant is discovered in his parked vehicle, with the engine running, at a tollbooth lane displaying a red “X,” indicating that it was out of service. The jury is told he refused to blow and that he was suspended because of it.
✓ The “statutory summary suspension” trap drivers frequently fall into. It’s a lose-lose situation for motorists.
✓ The vehicle code specifically provides for the admissibility of evidence of a driver’s refusal to submit to blood-alcohol testing. And our courts have long recognized that a defendant’s refusal to take such a test is “relevant as circumstantial evidence of his consciousness of guilt.”
✓ How much does the jury need to know? How much is too much?
✓ A classic rule of evidence makes an appearance.