Sentences with phrase «if test refusal»

While there did not seem to be much interest from the Court in trying to rationalize DWI blood alcohol testing as a special needs search, Chief Justice Gildea did linger over the idea, asking whether the special needs analysis would be different if test refusal had not been made a criminal offense in Minnesota.

Not exact matches

(Of course, not all midwives encourage the refusal of standard tests, but if they do, then they are categorizing women using obsolete methods, which can be disastrous for the woman AND the baby.)

Test - Refusal Movement's Success Hampers Analysis of New York State Exam Results New York Times, 8/14/15» «I remember the bad old days when achievement gaps between groups of students or between schools and school districts were hidden as if they were a dirty secret,» Thomas Kane, an economist and professor at the Harvard Graduate School of Education, said in an email.

If a parent or guardian wishes to opt their child our of standardized testing, the form at the back of the Parent / Guardian Guide and Refusal for Student Participation in Statewide Testing must be completed and submitted to the District Assessment Coordtesting, the form at the back of the Parent / Guardian Guide and Refusal for Student Participation in Statewide Testing must be completed and submitted to the District Assessment CoordTesting must be completed and submitted to the District Assessment Coordinator.

If the employee admits that he or she had a positive test or a refusal to test, you must not use the employee to perform safety - sensitive functions for you, until and unless the employee documents successful completion of the return - to - duty process (see paragraphs (b)(5) and (e) of this section).

• Please note that it remains a refusal to test if the employee leaves the collection site without permission.

(m) As the employee, if you decline to allow a directly observed collection required or permitted under this section to occur, this is a refusal to test.

If an employee leaves prior to the completion of the testing process, the employer must decide whether the employee's actions constitute a refusal.

(2) As the MRO, you must note the refusal by checking the «Refusal to Test» box in Step 6 on Copy 2 of the CCF, checking whether the specimen was adulterated or substituted and, if adulterated, noting the adulterant / refusal by checking the «Refusal to Test» box in Step 6 on Copy 2 of the CCF, checking whether the specimen was adulterated or substituted and, if adulterated, noting the adulterant / Refusal to Test» box in Step 6 on Copy 2 of the CCF, checking whether the specimen was adulterated or substituted and, if adulterated, noting the adulterant / reason.

It is not a refusal to test if the employee declines to drink.

(1) You may verify a test result as a positive or refusal to test, as applicable, if the employee expressly declines the opportunity to discuss the test with you.

For example, if you verified one specimen as positive and the other as a refusal to test because the specimen was adulterated, as the MRO, you should report the positive and the refusal results to the DER.

For example, if you verified the specimen as being positive for marijuana and cocaine and as being a refusal to test because the specimen was also adulterated, as the MRO, you should report the positives and the refusal to the DER.

(D) If the test of the primary specimen reconfirms the adulteration and / or substitution finding of the split specimen, as the MRO you must report the result as a refusal to test as provided in paragraph (a)(2) of this section.

(g) If, as the MRO, you receive a laboratory invalid result in conjunction with a positive, adulterated, and / or substituted result and you verify any of those results as being a positive and / or refusal to test, you do not report the invalid result unless the split specimen fails to reconfirm the result (s) of the primary specimen.

(6) As the MRO, if you determine that there is not a legitimate medical explanation, you must report the test to the DER as a verified refusal to test because of adulteration or substitution.

In making this contact, you must explain to the employee that, if he or she declines to discuss the result, you will verify the test as positive or as a refusal to test because of adulteration or substitution, as applicable.

It's important to request the hearing about your chemical test refusal, even if you don't think you have a chance to win the hearing.

If you are in need of a lawyer because you received a ticket for drunk driving, breath test refusal, or Drug DUI, we have the skill to properly defend you.

If the defendant refused to take the breath test after being advised pursuant to the statutory language by the police of the one - year sanction faced for a refusal (and the jail risked for a refusal where the defendant has prior refusal or DWI convictions), the first - offense sanction for so refusing is a civil offense carrying one year of no driving and no restricted driving privileges.

When the state charges a person with a refusal, in addition to the other elements of the offense, the state has to prove that the person was warned of the penalties if they choose not to take the test.

If you are arrested and refuse to take a test to ascertain your BAC, your license will be automatically suspended for the refusal.

If you require assistance in defending a DWI or breath test refusal case, we believe our office is a good and logical choice to defend you.

If you were, you should know that our attorneys have years of experience appearing in Highland Park on all drunk driving charges including breath test refusal and DUI.

If you were arrested and charged with DWI, Refusal to Submit to a Breath Test or Driving Under the Influence of Drugs (DUI), an attorney with expert training and skill in Ocean County drunk driving is ready to provide you with the best defense possible.

If the driver is under age 21, and refuses a chemical test during the five years after a DWI - related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $ 750 civil penalty to apply for a new driver license.

If such efforts unreasonably delay the administration of the breath test, the breath test must be taken or a refusal alleged.

If you have been charged with a DWI or breath test refusal offense in the Berkeley area, our legal staff has the expertise to see that your case gets the proper treatment.

If you are one of the nearly 200 drivers who are stopped annually for drunk driving by the Seaside Heights police, our Toms River office is just across the bay and ready to assist you with your driving while intoxicated or breath test refusal case.

The question «Would you presume someone guilty if he or she refused a breath test on their refusal alone?»

But the law in most states having a «per se» statute (see question # 10) provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit or there is a refusal.

A DUI Lawyer in Pennsylvania will tell you to agree to perform a breath test if the police require it, since there are harsh penalties for refusing it (a 1 - year license suspension and the fact of the refusal can and will be used against you in court under PA law).

If you find yourself in receipt of a summons for driving while intoxicated or refusal to take the breath test, our lawyers can help you.

If someone refuses to comply with a valid demand for a roadside screening test, a breathalyser test, or a blood sample, he or she can be charged with refusal under section 254 (5) of the Criminal Code.

If you had the unfortunate experience of being arrested for a drinking and driving offense like refusal to submit to a breath test or DUI, our lawyers can help.

If you are arrested in Jackson for a DWI or Refusal to submit to a breath test then you will be required to appear the Jackson Courthouse.

If you know someone who received a summons for drunk driving or breath test refusal in Manchester, our Ocean County DWI attorneys are ready and able to serve you.

«If you have been issued a ticket or summons for a DWI, a DUI, or refusal to submit to a breathalyzer test, we are here to help you»

If you are looking for an attorney for a DWI, Refusal or even a DUI, you should know that we may be the only law firm with 3 attorneys who are certified by both the manufacturer of the Alcotest Breath Test Machine and the National Transportation Safety Administration in conducting Standardized Field Sobriety Tests.

If you were arrested and subsequently charged with DWI, DUI or Breath Test Refusal in Tinton Falls, it is in your interest to secure representation from the best lawyers available.

Thus, if your employer asks you to take a genetic test and you say «no,» your employer can not take an adverse action against you at work because of that refusal.

[2] If a driver refuses to undergo alcohol and / or drug testing, a record of the driver's refusal must be maintained for 5 years.

That depends... by not taking the breath test your license to drive can be suspended for ONE year, but if you have a prior refusal, then your license can be suspended for ONE AND A HALF YEARS and this in and of itself is a crime (misdemeanor).