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To: elkfersupper
Most jurisdictions, the cops don't get to play multiple choice until they find something that works - yet.

If they could drive her to a jail to give her a second breathalyzer, they could easily have driven her to a hospital and gotten either a blood or urine test.

20 posted on 01/01/2006 4:12:50 PM PST by Sonny M ("oderint dum metuant")
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To: Sonny M
If they could drive her to a jail to give her a second breathalyzer, they could easily have driven her to a hospital and gotten either a blood or urine test.

The court has said that since she chose one of her options and was unable to perform it, that is not a refusal

Unless she subsequently agreed to another form of test, she's done. The cops can't force another form of test - yet. Look for laws to close this "loophole".

24 posted on 01/01/2006 4:19:18 PM PST by elkfersupper
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To: Sonny M

Or they simply could have let her go to the hospital where she would have had a blood test done anyways since she was the driver of a vehicle involved in an accident. But they didn't allow that to happen.


92 posted on 05/26/2006 3:44:51 PM PDT by A.Dust.Off.Spin.Off
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To: Sonny M

They have to perform the test within two hours.

That means drive to the hospital, find the evidence certified Nurse to take the blood.

It also means the delay can be used against the prosecution.

Was the booze going INTO her bood stream or was the booze on its way out? Picture a curve.

You could dring 4 shoots right now, take a blood test immediatly and the booze has not reached your blood stream. You would not be impaired for the first few minuts despite your consumption.


103 posted on 05/27/2006 5:06:28 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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