Diana Ross testifies she was coerced into DUI test

azfamily.com ^

[chance33_98]

Diana Ross testifies she was coerced into DUI test

06/23/2003

By Joe Barrios / Arizona Daily Star

Pop diva Diana Ross told a city court this morning that she felt coerced into taking a DUI test after a Tucson traffic stop last year.

It was the first court appearance for Ross since her arrest Dec. 30 on the Northeast Side.

Ross, wearing a black pantsuit and silver bracelets, testified for about 10 minutes during the hearing to determine what evidence could be used in a trial.

Attorneys for Ross were seeking to have breath test results thrown out as she faces three DUI-related charges in Tucson City Court.

Police said she had a blood alcohol concentration of 0.20 percent when she was pulled over. Police were responding to a report of a white car driving on the wrong side of the road.

Officers saw Ross pulling into a parking lot in the area of North Sabino Canyon and East Tanque Verde roads. Officers said she couldn't walk a straight line and fell while trying to stand on one leg and count to 10.

This morning, in a calm, steady voice, Ross testified that she felt like she had no choice but to take a breath test as requested by a police officer.

Her lawyer argued she was basically given a choice by Officer Scott Sullivan: Take more breath tests and be allowed to go home or refuse to take the tests and be taken to a hospital, a police station or to jail, where she would be subject to tests after police received a warrant.

Ross' lawyer is arguing she was coerced into taking the test and seeks to have the results thrown out.

"I felt a threatening tone from him. You know, like a command, a demand," Ross said.

Through her lawyer, Stephen Paul Barnard, Ross declined to comment after the hearing.

[T Lady]

What a shame. Pop Diva gone bad. She's still one of my favorites on the Oldies' circuit.

-Regards, T.

[Howlin]

Doesn't she have to take one by law?

[kellynla]

I will never understand why these people that more money than than the pope don't hire a full time driver? Helloooooooo

[PoorMuttly]

Right. She was drunk, and they asked her.

Coercion.

[lelio]

"I felt a threatening tone from him. You know, like a command, a demand," Ross said.
Well, yeah. That's what cops DO lady. Are they supposed to yeah at burglars "Please put the stuff back in the house. This is just a polite request, and not a demand"

[chance33_98]

Give the liberals time :)

[Bullish]

Ross is a mega-idiot.

[TommyDale]

Anyone who saw the picture of her would know she was intoxicated beyond doubt. Coerced? What a joke!

[autoresponder]

Coulda said "NO".

A mandatory blood test is usually only after an acident in most states.

Sure cannot physically force anyone to take a breath test.

I don't know if they could have forced her to take a blood test at a hospital or at the jail.

Her best defense would be to change the certified calibration of the breathalizer machine.

Another would be to have refused the breath test on the grounds of health endangerment because of a possibly contaminated mouthpiece.

[Fraulein]

I'm a big Supreme's fan myself. What a voice she has!

[Amore]

sort-of. Usually, in most,if not all states, you can refuse -- but your license will be automatically suspended for a period of time. At least in Fla., you can't refuse if serious injury resulted. They WILL give you a blood test.

[discostu]

In AZ you can refuse the field sobriety tests with no penalty (and should, those things are hard to pass sober), refusing the breathalizer will get your license yanked for a while.

[Ronin]

Strange... Am I missing something?

Does this mean that anyone in Arizona can just flat out REFUSE to take the breathalyzer?

Someone from Arizona get in here and explain this.

[chance33_98]

No Idea maself, I's is a hillbilly from Ohi-oh. We got the buckeyes though :)

[apackof2]

In Michigan she does and if she refuses or fails, jail or the hospital for a blood test

Man I hate whiny celebrities who can't own up to their actions

[Zeroisanumber]

Doesn't she have to take one by law?

I believe that the law varies from state to state. I believe that refusing around here (MN) will get your liscense suspended for 6 months.

[Howlin]

Thanks. I'm in North Carolina.......we have TOUGH laws!

[Pahuanui]

Damn, framed by The Man again.

[ChemistCat]

As it should be.

That guy whose wife was breastfeeding while driving should chime in on this one. I'd love to hear his unlicensed uninventoried uncitizen take on this one.

Coerced! The state couldn't exist if it didn't have coercive powers, give to it by the 200 million citizens who make a social compact that enables them to live in one another's pockets with some preservation of natural rights. If someone else has the right to drive drunk, I essentially lose my right to life.