Quote:
Originally Posted by ken0042
As far as not being able to speak to a lawyer while detained- I would be surprised if that was the case.
However my bigger concern is that somebody who is not able to breathe well enough to provide a breath sample is still allowed to drive. I have been down this road with grandparents, and now my parents. We reach a certain point in our lives where our ability to drive decreases to the point that we may not be able to pass a road test any longer. I've already told my son that in case self driving cars aren't perfected yet, he may have to tell me that it's time to surrender my license.
Perhaps a little extreme, but if somebody fails to list medical issues that would prevent them from being able to follow the rules of the road, is that the fault of the justice system or the person who didn't disclose?
I do feel sympathy for her situation, and hopefully some greater good can come from all of this.
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Is the ability to provide a breath sample required for driving? I believe the requirement of reasonable accommodation for people with disabilities would apply here.