Quote:
Originally Posted by aways
Just curious: What was the nature of his "careless driving"? What was his reason for refusing a field sobriety test? If he was being unnecessarily hassled by the cops, I'm glad he got off. But if not, the whole episode doesn't speak well of respect for the rule of law.
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Officer's report said he spun his tire while making a turn onto a wet frontage road. No weaving alleged. No touching center line. Saw the video and it wasn't "showing out" or hotrodding. Under the speed limit. He was driving a Chevy Tahoe SUV.
Didn't want to blow because he had had 3 beers earlier in the evening. Didn't trust the Intoxilizer 8000...some jurisdictions have discontinued using them because they have been declared inaccurate by some courts. And trust me...they are inaccurate (in both directions). .08 is suprisingly low...for a thin person a beer or two an hour earlier than being tested can put your over the .o8 level.
Also didn't feel he was driving carelessly...a statute LEO's use to stop virtually anyone if they follow them for a few minutes. Doesn't even require you touch the center line.
As far as respect for the law you have the right to resist an unlawful arrest.
This little encounter cost him $225 bail bond, $180 towing, 6 months of anguish and my fee.