SITE MENU
Registered Members experience this forum ad and noise-free.
CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Are you a dancer?
Mostly correct, some wrong. Once you're deemed a refusal, you're a refusal. Reason being, it takes out the question: "What if the cop messed with the machine to try to get blood from him instead?" So when you're a refusal. or refuse, there is no more testing.
And it is ONE-LEGGED stand.
Another test that I see most of the guys use is the Romberg Blance Test. You have them place their arms away from their body, palms up. You have them close their eyes and put their head back. They have to do this for 30 seconds, with 6 seconds give or take on each side. Really drunk people are going 48 to 55 seconds. Good test with not a lot of movement.
There, fixed it for you, technically. And it's "let's," not "lets."
Sorry, I'm a professional writer, and this is what professional editors call "paying it forward,"
These facts are irrelevant and a refusal of a DUI field test is, in effect, a totally conclusive fact of guilt? That's interesting though seemingly a bit odd. I'm not saying you're wrong (I assume you're right)
You forgot the period, and your quoting is all wrong.
I wouldn't assume he's right. There's a reason DUI defense attorneys tell you not to take the breathalyzer test.
Anyhow, refusing to take the test isn't a crime. However, since the privilege of having a valid driver's license requires that you consent to such tests, your license will be administratively suspended (i.e. no need for any court proceedings) for the refusal. But that's not even close to the same thing as a crime.
If his camp is providing honest and accurate information I see no reason why he'd be cut, or have his probation violated.
Report: Alfonzo Dennard’s Camp Claims He Didn’t Fail Sobriety Tests, Cops Arrested Him for Inadequate Breathalyzer | New England Patriots | NESN.com
You guys are pretty lousy grammar police. You're both extremely wrong.
That said, the original guy (50 yd line) shouldn't have even said anything and started this.
Perfect. Now he can't drive to where trouble awaits and this should keep him good for the whole season.
So refusal to submit to a 'DUI test' is an automatic guilty on DUI (among other things)? Interesting. What if 20 minutes prior to being pulled over, you can prove that you were at a location -- providing multiple witnesses -- that did not have alcohol, no one saw alcohol, no one witnessed him drinking or acting as if under the influence, and this was over several hours? These facts are irrelevant and a refusal of a DUI field test is, in effect, a totally conclusive fact of guilt? That's interesting though seemingly a bit odd. I'm not saying you're wrong (I assume you're right), just odd that one can be convicted of something solely based on a refusal to cooperate. Within the larger context, how does this mesh with the right to not self incriminate? I can see being convicted of failure to obey an officer or whatever law that applies to failing to obey in these circumstances......just odd that they also convict you of actually being under the influence when it is seemingly far from proven.
Period inside quotes.
They were both correct.
I think you misread his post. Nebraska is an "implied consent" state. If you refuse a breathalyzer, you lose your license for 6 months and there may be other penalties as well. This is regardless of the outcome of your DUI case.
On the DUI, a breathalyzer test isn't required for conviction. They might have dashboard cam video showing the driver weaving around while driving or doing poorly on field sobriety tests. It would also be argued in court that the driver refused a breathalyzer because they knew what the results would be.
Agreed. You might be right that he is getting the shaft.