Quote:
Originally Posted by Azure
I don't think Police Officers have the right to take a breath sample in the vicinity of your own home.
You have the right to drink at home...and there is no way the police officers or the court can prove that Fowler did not consume alcohol once he got home.
So yes, the certificate would have to be thrown out.
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Thats a good point. And I wonder why his lawyer didn't argue that. His lawyer was basically arguing that the search was unlawful.....The lawyer isn't arguing that actual proof of the evidence such as "how do the police know he was drunk while driving and how do they know he didn't pile down a 26 of whiskey once he got home?"
I guess it all depends on the time between when the call was placed and when the officers arrived. It could be argued that if he did pound down a bottle, it would take a certain amount of time for the alcohol to be digested into the blood stream. But the lawyer isn't arguing this....they only way I can think of the reason why they are not arguing this is because the exwife would testify that subject drank so much at her house and then testified that he drove home.