Quote:
Originally Posted by urban1
The cement truck driver is charged with failing to provide a proper breath sample (or something along those lines). Sounds like he agreed to take the test and blew into it but didnt do it properly. Ive seen the machines at a demo event before and its pretty straight forward... contsant breath for a certain amount of time. But i could see someone having asthma or some sort of other ailment not being able to register a reading.
Anyone know if theres any precedents with this law? has anyone argued this charge in court and gotten off?
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Although it is possible that someone with asthma might not be able to blow, there are other tests and what not. He could have said "I can't physically do the test" and there is no legal ramifications. To me, it doesn't matter about that charge. The only thing that matters is that for whatever reason, 5 people are dead. Whoever is responsible needs to be held accountable.