Thread: Legal Help DUI
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Old 04-12-2010, 12:00 PM   #303
valo403
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Quote:
Originally Posted by jolinar of malkshor View Post
Thats what I thought as well but if you read closely subsection (2) gives the authority for the officer to demand a Breath sample. Subesctions (3) and (4) tell what will happen if a breath sample is or isn't provided.

I don't see anywhere after (2) that allows for the suspension on suspicion alone. I didn't read it close enough yesterday and I believe I interpreted it wrong. Thanks to hockeycop it is now interpreted correctly.

OP: Appeal it and tell us what happens.
Is there nowhere else in the statute that refers to the ability to utilize a confession? Remember, you can't just read the particualr section as there is often more global controlling language outisde of that single clause. I hate statutes written that way as they cause unecesarry confusion for everyone.
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