[Bring_Back_Shantz]

After reading all of this thread (granted in pieces over the last day and a bit, but wow, what a slog), I still don't understand why you think you've got a chance on appeal.

Sure the ticket has boxes to check for the breat test or refusal of such breath test, but right below that is the cop's note that you admitted to drinking prior to driving.
Seems to me that's good enough, as confessions are good enough for convictions in just about any other crime. It's a zero tollerance pollicy which means ANY level of alcohol in your system warrants the suspension. If the cop smells booze on you, and you confirm that you've been drinking, that sure seems like enough evidence to me.
There are a lot of other laws that are written without an objective standard of evidence for a conviction. Murder laws for example don't say that they have to have a murder weapon with your finger prints on it for a conviction. Just that the total of the evidence must prove beyond a reasonable doubt that you did it. I'd say same applies here.

Cop: You smell like booze, have you been drinking?
You: Yes sir I drank some vodka (or whatever you said)

Any reasonable person: "Well I have no doubt that he violated the if you have any booze in your system, you can't drive, provision of his license."


Secondly, your assertation of the cop's question being ambiguous is kind of silly. I've been through a lot of chekstops and the question has always been "Have you had anything to drink tonight", not some ambigous quesiton, that any judge would believe anyone is ######ed enough to think means "Have you ever, in your life, had a drink" which is what you are implying with your "What if I had meant 'Yeah, I had a beer 10 days ago'" rant.

In summary, I fully support your bid to appealy this ticket, mostly becasue I think it's funny that you're more than likely going to end up spending more money for thinking you can outsmart everyone with your "Well he didn't specify if he meant today, or in 2007" argument, which I'm guessing would come up quickly after the "He didn't give me a brethalyzer", "Yeah, but you admitted to drinking" argument with the judge ends with the judge either laughing or sighing.