Posted on 03/05/2010 10:53:33 AM PST by lainie
SACRAMENTO -- The county district attorney says Republican state Sen. Roy Ashburn's blood-alcohol level was .14 percent when he was arrested on suspicion of drunken driving after leaving Faces, a gay bar and nightclub.
Ashburn has voted against every gay rights measure the senate has voted upon, according to Project Vote Smart.
The California Highway Patrol says the Bakersfield lawmaker was arrested early Wednesday after he was spotted driving erratically. Ashburn was taken to the Sacramento County Jail, booked and then released.
Ashburn, the married father of four, was reportedly driving with a male passenger who was not identified.
A spokeswoman for the district attorney's office, Shelly Orio, said Thursday that a breath test showed Ashburn's blood alcohol level was .06 percent above the legal limit.
He was released on $1,400 bond.
The lawmaker was a no-show on the Senate floor Thursday. The state-owned vehicle he was driving when he was arrested has been impounded at the Capitol, Senate sergeant-at-arms Tony Beard Jr. said.
The are lots of homosexuals in the republican party leadership and senior staff, this is nothing new.
“after leaving Faces, a gay bar and nightclub”
Did they get the name of the club right?
Should read “FEces”
See how it escalates. An unknown man in the car becomes “cruising for young Latino boys.” Now, are RINO is a predator.
our Rino not are Rino.
I've heard that the proper way is not to refuse the breathalyzer, but to agree to take it as soon as you avail yourself of your constitutional right to consel. If you're smart, he'll live 500 miles away and have to walk all the jail. By the time he gets there you should be within limits.
Does that sound do-able?
walk all way to the jail
(Sorry, I just washed my hands and can't do a thing with them.)
Thanks for the info. Dumb questions perhaps but if one didn’t consume any liquor can it show a false reading?
What if a person does ‘the walk and count’ and passes. And the accused asks if it’s being recorded and officer says ‘yes’ but he still wants a breathalyzer tests and one refuses. Then all your records/recordings are lost by LE when you go to court but the accusations still remain. Your thoughts?
I’ve heard that.
The whole dancing and prancing about.
IIRC, you can legally refuse the dexterity tests without penalty, but refusing the BAC will cost you.
I don’t think so... ;~) but you can give it a shot. I’m guessing your attorney will say ‘do the test’. You can fight the result later, you can’t fight the refusal.
My guess is, they’ll just take your blood. And count it as a refusal.
What if on the way to the jail, you're abducted by aliens, and they get you drunk? ;~)
I suppose that would go in your favor then. :~D
Seriously... The roadside tests are there to determine probable cause for arrest. If it moves to a breathalizer, it means, the LEO think he found probable cause, and has arrested you. It means you didn't pass.
Yeah! I heard it early this week when it was just a suspected DUI. The gay bar and state-owned vehicle news came later.
Nothing perfect about my world. Just reality. I’m not saying what should be or what can be, just what is.
LEOs have to establish probable cause for an arrest before they arrest you. If they don’t, or if they don’t do a good job of documenting it, then the case can be taken apart by a good attorney.
Roadside tests are to establish probable cause. You can refuse them and not incriminate yourself, but it’s likely, if it’s gone far enough for them to ask, they intend to arrest you anyway.
The required breathalizer comes after an arrest has been made.
“You” is a general term for “one”. I am not, in any way, making a case that you are drunk, or driving.
Maybe his friend blew his cover.
In FL it is an automatic revocation of your driver’s license for 1 year, regardless of whether or not you are convicted of anything. If you refuse on a second occassion, it is a criminal offense punishable by up to 1 year in the county jail.
Yea, right! I have a bridge to sell you. Interested!
What’s a little blow between friends?
What’s the old saying,”Stupid is as stupid does.”
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