Quote:
Originally Posted by goof2
There is a flip side to that too, how does someone prove they weren't impaired?
Something like 5 years ago there was a cop in Tampa that finally got fired for his habit of failing people on the field sobriety test and sending them to jail. The problem was the people he was arresting were frequently blowing .02 or lower, often .00, when given breathalyzer tests and were ultimately determined to not be impaired. From what I remember this guy had such a hard-on for drunk drivers he basically thought everyone was hammered.
Without a way to disprove impairment you could also be at the mercy of a cop who expects everyone to be an Olympic gymnast or is seeing what he/she wants to see in the field sobriety test.
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Immediately upon going to the station they should have been tested...... or if they were intelligent they should have demanded one. I mean how long honestly, would someone have been held? The breathalyzer needs to be done right away to be useful.