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  1. #26
    Kooler than Jesus Nathan Explosion's Avatar
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    We have an implied consent law here in New Mexico - refusing a breathalizer alone is a crime and they can suspend your license for a year. And, even if you're under the legal limit, if the officer thinks that your driving is impaired they can charge you with DUI. There's a pretty huge problem with it here, though. I get stuck in rubbernecking traffic all the time on my way to work for accidents that happened right in front of the reservation casinos.
    I'm telling you, I'm far from a Harvard law professor, but that sounds like a violation of the 5th Amendment. What happened to "innocent until proven guilty"? While technically the cop isn't saying you're drunk, he sure as is implying it. And in criminal courts, implications usually get thrown out. I'm surprised someone hasn't challenged it yet.

  2. #27
    Kooler than Jesus Nathan Explosion's Avatar
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    You exhibited no signs of being drunk other than going about 40 miles over the speed limit. Damn shocked you didn't get wreckles driving and your drivers license taken away. Least that is what would of happened in IN if you did that.

    I would say going that fast you could walk out of the car like a catholic priest and still be asked to take a test and you shouldn't think twice why.
    See, taken off my list.

    2. Turning odor of alcohol into intoxication and using it as evidence of excessive consumption. Other factors that may cause an odor of alcohol include mouthwash, denture solutions, or having an alcoholic drink accidentally spilled on one's clothes, minimal consumption, etc.
    I was at a concert. I had a ticket stub to prove it and I told the cop I didn't drink and had lots of beer spilled on me. I don't drink beer, even to this day, so if I smell like it, 99% of the time it's because someone spilled it on me.

    Again, he had right to pull me over, but had no reason to actually give me a field test. And having said that, I blew a 0.00% and told him so when I sneaked a peak as he looked at the result.

  3. #28
    NB:lol Luck_The_Fakers_Luck_The_ Fakers_Luck_The_Fakers_Lu ck_The_Fakers_Luck_The_Fa kers_ 21_Blessings's Avatar
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    Your friend is re ed for admitting she had been drinking. Seriously, how dumb can you be?

    Considering the chain of events she could probably contest this and the cop most likely won't even show up unless he's a massive blowhard with no social life.

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