Quote:
Originally Posted by Fuzz
I'm of the belief that if you are being pulled over for impairment of any type, it shouldn't matter what the test says, as they are so variable between people, but that it should be due to the level of impairment the driver shows. If you can't demonstrate impairment, why should you be charged? Just becuase the test shows you over some arbitrary level? Any evidence used to charge you with impairment should be recorded, so you have some recourse.
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I think everyone would agree with your statement, but again, once you get into due process and the nature of that evidence (subjective opinion on impairment) you get into a gray area that is harder to convict on (and maybe rightfully so). Problem is taking away that due process means I have no recourse and the cop becomes judge, jury, and executioner. So I better be extra nice!