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Originally Posted by sammyg2
Some time must have passed from the time he was operating the vehicle until the time he was processed and breathalyzed at the jail.
How long was that?
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He says maybe half an hour, 45 minutes tops.
Funny how this works, though - everyone assumes that delaying the test will result in a lower reading. Many times just the opposite is true. It depends on where you are on the absorption/dissipation timeline.
Quote:
Originally Posted by sammyg2
He had alcohol in his system. He was operating a vehicle.
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Yes he did, and yes he was. Even if he were right at the legal limit, however, there is simply no possibility he would blow 1/8th the legal limit so soon after being stopped.
Quote:
Originally Posted by sammyg2
Why did he refuse to take a breathalyzer, when everyone in the world knows that's the same as a fail in the eyes of a LEO?
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He was standing up for his rights. There was absolutely no probable cause - he was stopped for tabs. Cops cannot simply test anyone without probable cause, at least in this state. They have to have seen you driving erratically.
One component of our negligent 1 law is just that - you have to have been pulled over for your driving that was "endangering yourself, others, or property". An expired tab was endangering no one.
So, yes, in the end he is simply getting "taught a lesson" for having the audacity to stand up for himself. It should not be that way. Not in the U.S. of A.