I have an idea, let's toss the results & say you refused to test...
- Thread starter Viper GTS
- Start date
heh...the rich and their lawyers
stupid drunk could have killed someone, and she wants the case dismissed...
stupid drunk could have killed someone, and she wants the case dismissed...
Uh....yeah. That's how it works when you're caught drunk behind the wheel of a car you dumb biotch. :|
she actually has a case.
Here in KY there was a big stink because officers were forcing people to take the tests.
About 100 cases were thrown out
Here in KY there was a big stink because officers were forcing people to take the tests.
About 100 cases were thrown out
I thought that if you refused to take a breath test they hauled you to jail. If that is true, then what do they do..force you to take the test there?
(I have no clue since I have never been stopped for a DUI.)
OMG, she wore a black pantsuit to court. She is soooo screwed. 
Why do I really care what she wore? why do they add things like that to articles?
Why do I really care what she wore? why do they add things like that to articles?
Originally posted by: Bootprint
OMG, she wore a black pantsuit to court. She is soooo screwed.
Why do I really care what she wore? why do they add things like that to articles?
Next on Fox, "Lifestyles of the DUI and Famous"
THAT is crazy. It's called field sobriety testing. If you are suspected of being under the influence, you should have to demonstrate that you are not.
I think this was specific to KY, but the officers told the suspects the could go to jail if they didn't take the test. Apparently that wasn't true and hence the cases were thrown out due to coersion or something like that.
But it sounds like she's trying to weasel out.
Here if you refuse the test, you face automatic drivers license revocation for one year. That of course is in addition to whatever punishment you get for the DUI.
Exactly. She's playing the "I'm A Celebrity" card. STFU and take the heat for being stupid enough to drink and drive. If this was Joe Blow that got pulled over, he'd have gotten the book thrown at him, none of this "It was like a demand" crap.
i believe you can refuse to take a breathalyzer and other tests. in fact, now mind you this is just hearsay, but i've heard of police officers who were pulled over refusing to take the test so that they could plausibly deny they were drunk later on.
I looked it up for the state of TX and this is what I found:
Does a person have the option not to take a breath or blood test?
Yes. Even though Texas has the implied consent law, a person arrested for DWI may refuse the test requested.
This refusal can result in the following penalties:
a 180-day suspension of your driving privilege if this is your first DWI arrest,
a 2-year suspension of your driving privileges for a subsequent arrest within 10 years if you refused to submit to a test in your first arrest, and
the prosecutor can admit your refusal into evidence in your DWI trial. The prosecutor will then argue that you refused the test because you knew you were intoxicated and that you would fail the test.
If you submit to a test and fail, your driving privileges can be suspended and the following penalties may occur:
a 90-day suspension of your driving privilege if your driving record shows no prior alcohol related arrests,
a 1-year suspension of your driving privilege if you have a prior conviction or suspension with the preceding 10 years, and
the prosecutor can admit the results of the test into evidence at your DWI trial.
If you do not want to take a test, it is better to tell the officer that you want to talk to a lawyer before making the decision, as opposed to just refusing. Again, they most likely will not give you the opportunity to talk to a lawyer, and no test will be given.
Does a person have the option not to take a breath or blood test?
Yes. Even though Texas has the implied consent law, a person arrested for DWI may refuse the test requested.
This refusal can result in the following penalties:
a 180-day suspension of your driving privilege if this is your first DWI arrest,
a 2-year suspension of your driving privileges for a subsequent arrest within 10 years if you refused to submit to a test in your first arrest, and
the prosecutor can admit your refusal into evidence in your DWI trial. The prosecutor will then argue that you refused the test because you knew you were intoxicated and that you would fail the test.
If you submit to a test and fail, your driving privileges can be suspended and the following penalties may occur:
a 90-day suspension of your driving privilege if your driving record shows no prior alcohol related arrests,
a 1-year suspension of your driving privilege if you have a prior conviction or suspension with the preceding 10 years, and
the prosecutor can admit the results of the test into evidence at your DWI trial.
If you do not want to take a test, it is better to tell the officer that you want to talk to a lawyer before making the decision, as opposed to just refusing. Again, they most likely will not give you the opportunity to talk to a lawyer, and no test will be given.
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