- Jurisdiction
- North Carolina
Should my copy of implied consent form (AOC-CVR-1A/DHHS3907) contain both the magistrate and my signature?
My copy of the Implied Consent form has no signatures, from either the magistrate or myself. Is this form valid without the Magistrate's signature? Is there any reason that I shouldn't have a copy containing signatures? (I was coherent and able to sign the entire time)
After blowing an insufficient sample twice, the officer said it was a willful refusal, and made me sign a DHHS 4081 form, even after questioning him and saying I did not refuse, he told me to ask no questions and sign the paperwork (the officers write up, not the magistrates implied consent form) The date and time next to signature is not in my handwriting, it is the officers who wrote that in later. Does the officer's form legally replace the Implied consent form?
Do I have a case since the Implied Consent copy does not contain the magistrates signature, nor my own signature?
My copy of the Implied Consent form has no signatures, from either the magistrate or myself. Is this form valid without the Magistrate's signature? Is there any reason that I shouldn't have a copy containing signatures? (I was coherent and able to sign the entire time)
After blowing an insufficient sample twice, the officer said it was a willful refusal, and made me sign a DHHS 4081 form, even after questioning him and saying I did not refuse, he told me to ask no questions and sign the paperwork (the officers write up, not the magistrates implied consent form) The date and time next to signature is not in my handwriting, it is the officers who wrote that in later. Does the officer's form legally replace the Implied consent form?
Do I have a case since the Implied Consent copy does not contain the magistrates signature, nor my own signature?
