[presently no screen name]

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?

[HairOfTheDog]

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?

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.

[Nitehawk0325]

My thought probably won't make you happy. Ultimately, it's the officer's word over your word. But the chances of the recordings from the on-board camera getting ‘lost’ are pretty slim. There is a chain of custody of handling the tapes and any ‘errors’ made will get a case thrown out.
Finally, even if a person passes the ‘the walk and count’ tests, it's the breathalyzer results that the DA wants to press charges. There are alot of people who are functioning alcoholics that can pass on-site tests and will fail the breathalyzer.
If you have any other questions, I may be help you with, just send me a private message.