Quote:
Originally Posted by PaperBagger'14
Car accident details, gruesome:
Would you be able to say to yourself "oh its ok they were drunk, they had a lung issue and they dont need to follow the same rules as everyone else and prove sobriety?
I hope you never see what I have.
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I would say that when this person entered a check stop or was pulled over without cause and the police demanded a breath sample when no other probable cause was found and the police was informed that a medical condition prevented the person from providing the breath sample and that through this conversation the officer detected no signs of impairment and the police let that person on their way that the risk was reasonable that the individual was not impaired. . If alcohol was smelt or the person had other signs of impairment then I would expect the police would use that evidence to demand a blood sample.
What I don’t accept is that suspending her license for 3 months for refusing a breath sample meets the states obligations for accommodating people with disabilities.
I don’t see how the above situation plays out differently by detaining and getting a blood or urine sample or her being unable to drive.
What you and your family went through is horrible but old ladies who survived cancer aren’t where your fight is.