To: smith288
>>>Her driver’s license was automatically suspended because of her refusal to be tested. <<<
what ever happened to innocent until proven guilty?
14 posted on
02/01/2005 7:38:47 AM PST by
sdpatriot
("If I know the answer I'll tell you the answer, and if I don't, I'll just respond, cleverly." Rummy)
To: sdpatriot
Suspension of a driver's license is not a criminal penalty, and therefore presumption of innocence, due process, etc., don't necessarily apply.
38 posted on
02/02/2005 8:26:36 AM PST by
Chemist_Geek
("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
To: sdpatriot
It is called implied consent. When you apply for a license, which is a privilege granted by the state rather than a right, you consent to alcohol testing, whether breath testing or blood testing, if the traffic stop is reasonable. You also agree to the suspension of your license if you refuse a test.
So, the suspension is not a punishment for DUI, which she may well get, it is for failing to take the test.
46 posted on
02/02/2005 12:08:48 PM PST by
mak5
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