Police blotter: Closed-source breathalyzer on trial

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Actually this happen before court

First police officer must have reasonable grounds for pulling you over. Be that your were driving in fashion that lead them to believe you may be drunk or you drove through a planned check stop. At this point the police still can't compel you blow on the breathalizer. They need reasonable grounds to do that too. For example if there are bunch empty beer can on your passenger seat, you reak of the alcohol, slurring words, or look drunk. Police have to be carefull on the judgemnent call on looking drunk and slurring words though. Those should just be indicators to look little harder to find more evidence. At this point you can compelled to blow and if you refuse that is an offence.

Now that the magic box say you're drunk you'd be better off demanding a blood test, this assumes you are not drunk though.

Posted by: voska   Posted on: 10/21/05 You are currently: a Guest | Members login | Terms of Use

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