Quote:
Originally Posted by thesmugger
I'm coPnfused as heck here. There where no tickets given. The police never gave me a breathalyzer. I just got the 30 day suspension/car impounded.
Neither of these choices got checked
A) a breath sample indicates that alcohol is present in your-blood
or
B) you, without a reasonable excuse, failed or refused to provide a breath sample as requested
in writing under B the officer put
- Strong smell of alcohol on breath
- Admission to consumption of vodka. Prior to driving (however there is No note of this being 10 hours before or 1 hour before)
If I take this before the transportation board, will they throw this out because there is no breath sample? They never took the test, therefore how do they know my level was above 0?
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IANAL, but the fact that you admitted to drinking pretty much eliminated the need for a breathalyzer. You can play stupid on CP all you want, but there is no judge on earth that would accept that you were unaware that the question was referring to the night you were pulled over.
At the risk of being another "######" in this thread, stop behaving like a dick. You got busted driving under the influence, and the cop gave you a f'ing break. You were given a chance to learn your lesson without serious long-term ramifications.
If he really wanted to, he could have nailed your ass, and you'd be looking at a lot longer than 30 days without a license. Not to mention an insurance cost likely too prohibative for you to afford once you got it back.
Count your blessings and move on.