Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1 :06-cv-00018-JJF Document 21 Filed 06/28/2006 Pegg 1,2 %..__O!c
HONORABLE JUDGE CASE#06—()18—JJF
JOSEPH J. FARNAN _
U.S. DISTRICT COURT _
844 N.KING STREET T -`I. ` -- i
WILMINGTON,DELAWARE W §
19801
OBJECTION TO DEFENSE §§
REQUEST TO DISMISS l A- ` A
DEAR SIR,
THIS IS THE PLAINTIFFS
TURN TO SHOW CAUSE TO WARRANT TRIAL AND REQUEST THAT THE
DEFENSE MOTION TO DISMISS PLEASE BE DENIED.
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1.THAT DELAWARE L£W STATES THAT IF A DEFENDANT IN A
MISDEMEANOR CASE CHOOSES TO ENVOKE THEIR STATUTORY RIGHT TO
REFUSAL THE POLICE CANNOT INVOLUNTARILY TAKE CHEMICAL TEST.
2.THAT THERE IS ENOUGH STATEMENTS OF REFUSAL IN DELAWARE LAW
THAT WITHOUT VEHICULAR MANSLAUGHTER OR INJURY THE ACCUSED
HAS A STATUTORY RIGHT TO REFUSE A CHEMICAL TEST.
3.THAT WEBSTERS DICTIONARY DEF INES REASONABLE AS "NOT EXTREME
OR EXCESSIVE OR IMMODERATE?
4.THAT WEBSTERS DICTIONARY DEFINES EXCESSIVE » APPLIES TO THAT
WHICH GOES BEYOND WHAT IS PROPER.
5.PLEASE REFER TO ENCLOSED DOCUMENTS.
" CONCLUSION"
THAT IF THE STATE
ALLOWS YOU TO ENVOKE STAUTORY RIGHT TO REFUSAL, YOU EXERCISE
YOUR RIGHTS AND POLICE DRAG YOU FROM THE POLICE CRUISER AND
CREATE AN INJURY TO A SUSPECT AND FORCIBLY TAKE EVIDENCE THAT
THI S BECOMES AN UNREASONABLE ACT WITH EXCESSIVE FORCE.
CC. BRUCE HERRON
RESPECTFULLY _
E. E _ N LASK Y
52 AL IC AVE
BALTIMORE,MD I