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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This may have already been said, I didn't read to the bottom....
I get bottles of wine, scotch, etc as Christmas presents all the time. Sometimes I even have to transport them home with me in my vehicle.
If I were to get pulled over, it would be immediately obvious that the bottles were unopened. I tend to put booze in the trunk (I hate the sound of full bottles knocking together) anyway, but even if I didn't, I'd have nothing to hide.
That goes double for if I get asked to take a breathalyzer. I don't drive if I've had any alcohol that night, so I have nothing to hide.
If the bottle truly was full, and sealed, as the defence was trying to portray, then why the panic, why hide it, and why refuse a breathalyzer- Tschetter would have nothing to hide.
Is any of this truly damning evidence? No. But it sure makes you go Hmmmmm..., especially when combined with the testimony from witnesses (that he seemed dazed, was confused, smelled of alcohol).