Quote:
Originally Posted by Azure
No you went the wrong way here.
I'm wondering how it is possible for the police to come to my house and take a breath test...after I had been out driving and had been accused of impaired driving.
Does that breath test 'prove' to you were driving under the influence? Because I could of just as well started drinking at home.
Unless there is a time limit that it takes the alchohol to reach your blood stream. Obviously there is...because you sure as heck don't feel the buzz instantly after drinking something.
How do you go about proving the person was driving impaired? Is the breath test enough?
I like asking questions.  |
Sorry I misunderstood.
Obviously the driving part is the toughest to prove if you don't find them behind the wheel. I agree that in this case, knocking on his door at home w/o any real witnesses seeing him driving would be difficult. However, from my understanding, his lawyer didnt argue that.
What is important to remember is that a breath demand (and subsequent breath test) is AFTER an arrest. Meaning grounds would have to be formed that:
a) you consumed alcohol (voluntarily)- ie. inidictia of impairment
b) that you operated a motor vehicle
Police can't go administering breath test for suspicion or to prove the impairment. The horse before the buggy as they say.
I don't think you can fault police for laying the charge. They certainly had reasonable grounds, however a crim court level of proof is much higher and police can't be expected (nor should they) to tri the case before laying the charge.