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Live PD question about roadside breath tests
Posted on 5/27/17 at 5:25 pm
Posted on 5/27/17 at 5:25 pm
So on Live PD they claimed the shitty roadside breathalyzers generally arent admissible in court. Is this true in LA? Any insight Walt?
Posted on 5/27/17 at 5:26 pm to Cosmo
I thought they drove you to the station to make you blow most of the time.
Posted on 5/27/17 at 5:27 pm to Cosmo
It's a trap so all the viewers blow
Posted on 5/27/17 at 5:27 pm to Cosmo
Get a warrant to take your blood?
Posted on 5/27/17 at 5:40 pm to Cosmo
Consent to blow then keep fricking up the test. Short of breath, tongue in the way, couch mucus into the tube.
Posted on 5/27/17 at 5:52 pm to fightin tigers
quote:
Consent to blow then keep fricking up the test. Short of breath, tongue in the way, couch mucus into the tube.
I prefer to reach in my pockets real quick and approach the officer in an aggressive manner.
Posted on 5/27/17 at 6:38 pm to fightin tigers
quote:
Consent to blow then keep fricking up the test. Short of breath, tongue in the way, couch mucus into the tube.
Blow the cop
Posted on 5/27/17 at 6:51 pm to Cosmo
I'm not familiar with LA law but it isn't admissible in NC or TN, and I would bet most states.
The PBT (preliminary breath test) does give a number but LEO can't testify to what that number was, the only thing that can be mentioned in court is that it tested positive or negative for the presence of alcohol.
The portable test units aren't as accurate as the breathalyzer machines (that are admissible in court) but in my experience are never far off.
The PBT (preliminary breath test) does give a number but LEO can't testify to what that number was, the only thing that can be mentioned in court is that it tested positive or negative for the presence of alcohol.
The portable test units aren't as accurate as the breathalyzer machines (that are admissible in court) but in my experience are never far off.
Posted on 5/27/17 at 6:56 pm to Cosmo
quote:
Live PD question about roadside breath tests
NEVER.frickING.BLOW!!!!!!
Posted on 5/27/17 at 7:00 pm to Cosmo
They aren't admissible in Louisiana.
Posted on 5/27/17 at 7:00 pm to Charlie Arglist
Blood test better option?
Posted on 5/27/17 at 7:11 pm to Charlie Arglist
quote:
NEVER.frickING.BLOW!!!!!!
I can say that LA is (as are most states) an implied consent state, meaning you do have the right to refuse to provide any chemical sample (breath or blood) for testing but a refusal is an automatic suspension of your license for a certain period of time (6 months for first offense in LA) and the refusal can be used as evidence against you in court later.
And in most jurisdictions when someone refuses an officer will get a search warrant permitting a chemical sample to be taken, whether the suspect consents or not.
Posted on 5/27/17 at 7:22 pm to Cosmo
I've never used a roadside breathalyzer
I always blow at the police station
I always blow at the police station
Posted on 5/27/17 at 7:26 pm to tigerspin
You can get a hardship license pretty quickly if you refuse. Better that than blowing and having your automatic conviction.
Posted on 5/27/17 at 7:29 pm to Nado Jenkins83
quote:
Put pennies in yo mout
I giggled like a bitch
Posted on 5/27/17 at 7:30 pm to NIH
They got you by the balls either way now days
Posted on 5/27/17 at 8:54 pm to Nado Jenkins83
quote:
Blood test better option?
They have to bring you in and book you, then get a warrant to draw blood. That extra time it takes might be the difference between your 4-5 beers being 0.08 and getting a DWI on your record or getting off with a 0.07
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