He did NOT refuse to provide a breath sample.
He failed to successfully provide a breath sample.
Legally they are different. He blew into the breathalyzer but it couldnt register. The guy likely intentionaly didnt blow hard enough. But now he can argue that he has a medical condition or was scared and short of breath or something similar.
Quote:
Originally Posted by ken0042
Saw something a little disturbing on Global last night. They were saying that the penalty for refusing to provide a breath sample doesn't tie into the vehicular homicide; so if he was indeed drunk he was better off to not provide a breath sample. Something like max of 14 years in jail with failing to provide and killing somebody; as opposed to 25 years if he blew over.
Hopefully that law gets changed; because otherwise why would anybody give a breath sample unless they were sober?
|