“Beatty said that once Thompson determined there was not enough evidence for a criminal charge, he sought to have Grubbs blow into an Intoxilyzer to determine whether any alcohol was in his system as a step in his administrative review of Grubbs’ actions. Beatty said Grubbs refused, and that alone could have been grounds for his dismissal.
That alone could have been grounds for an ordinary citizen to have his license suspended and be placed into the MADD-hysteria-induced meatgrinder for several years.”
Granted, what this officer did was reprehensible, but the article clearly states that no criminal charges were warranted. He was ordered by his supervisor to submit to a breath test, which an officer cannot compel from a DWI suspect in NC. MC law affords the right to refuse to be tested, albeit with a years revocation as a penalty. But this officer was ordered to blow as an administrative matter. Under the Garrity Rule, that evidence cannot be used in a criminal proceeding since it is compelled under penalty of dismissal from employment. He refused to comply with the order which constitutes insubordination. That was grounds for dismissal, but he resigned instead.
You are dead wrong about “no criminal charges being warranted”. Refusal to blow is considered de-facto guilt in every jurisdiction I know of.