Quote:
Originally Posted by DownInFlames
Remember when I asked what would happen when someone couldn't provide a sample because of medical reasons? This is what happens...
https://www.timescolonist.com/news/l...law-1.23799029
I do have a couple of questions that aren't answered in the article. If she can't blow wouldn't she be given a blood test? I would definitely demand one if I couldn't blow. What expertise does the adjudicator have to determine whether she could give a breath sample? Are they a doctor? |
I think the valid argument against all of these laws (being made by the complainant in above article) is that there was no evidence of her operating a vehicle under the influence other than shopping at a liquor store in the morning. So the officer was able to detain her, request a breath, and then impound her vehicle all without the involvement of any charges or legal counsel.
I understand the rationale for the law, but constitutional rights are rights for a reason and must be protected.
I don't think saying the old lady should have to go to a hospital to get a blood screening (again, without evidence or probable cause) is really the "easy" or appropriate solution.
It's like claiming CPS should have 24/7 access to your phone or computer, because if you're not committing a crime, what do you have to hide?