Quote:
Originally Posted by ken0042
Thanks for that link Dion. The spin the defense was putting on yesterday seemed to indicate that he just happened to have been given a bottle of booze, wasn't drinking it, and disposed of it in a moment of panic. Looks more like he had 20 ounces of Vodka in his system.
I'd like to see in a case like this- failing to provide a breath sample now means the burden of proof is now on his shoulders; he has to prove that his blood alcohol was below .08 because there is now proof of excessive alcohol consumption. Sure- he could have drank that days or weeks before. Too bad he blew his chance to prove his BAC. (pun intended.)
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Tossing the bottle in the hopper does make him look guilty. Was probably drinking from that bottle on his way home from Nanton.
My concern is that the bottle of vodka might be tossed as evidence since the officer didn't get a search warrant. Will be interesting to see how the judge rules. Cement driver probably figured the cement would be dry by the time someone tried to extract the vodka bottle.
I like the sinerio you present also. I'd take it a step further and say that someone who refuses to blow is automaticly guilty of driving impaired.