To: Frantzie
How can you consent or not consent to a breathalyzer when you are taken to the hospital in and out of consciousness? A good attorney would tear that apart in a heartbeat.
While it is correct that not every person can afford a high-dollar attorney, it doesn't cost anything to know the laws yourself.
To: JustaDumbBlonde
"How can you consent or not consent to a breathalyzer when you are taken to the hospital in and out of consciousness? " They don't need your consent. There's ample case law that supports the drawing of blood in injury accidents when the suspect is incapable (usually do to injury) or uncooperative. In fact, it's codified in most states (including FL in Florida Code 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.), and is known as "implied consent".
16 posted on
12/08/2009 7:10:55 PM PST by
OldDeckHand
(Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
To: JustaDumbBlonde
While it is correct that not every person can afford a high-dollar attorney, it doesn't cost anything to know the laws yourself. Actually, knowing the laws yourself is not very profitable. Convincing others that you know the law is where the deal gets done.
19 posted on
12/08/2009 7:20:10 PM PST by
af_vet_1981
(The bus came by and I got on, That's when it all began,)
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