Quote:
Originally Posted by jlenko
I've got a really simple way to avoid all that stuff...
Respect the terms of the N licensing program - zero alcohol.
Real simple.. too bad stupid people can't respect the privilege of driving.
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That's the problem...there WAS zero alcohol BAC WHILE driving! And there is NO way that the officer can prove or show evidence that the driver had a level BAC WHILE in care and control of the vehicle. The officer based the 24 hour prohibition based on smell of beer on breath, AN HOUR after the incident....AFTER the driver admitted to have some beer AFTER the incident!!! If the officer HAD demanded a roadside test, this would have shown the "defendants" statements to be true.
In this case, it was an irate officer not respecting the driver and the information provided her.
What if,
because the 24 hour was just based on "odor on breath" the driver had just kissed his girlfriend who WAS drinking? What if the driver just had a candy that smells and tastes like a liquor or alcohol? What if the driver DID have a beer between the time of the accident and the time he dealt with the police? TOO MANY what if's to condemn a driver to be without a license for 4 months. If you're gonna screw up their life like that...you had be PRETTY DAMM sure that the novice driver has a BAC of at LEAST .02 or .03.