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To: GrandEagle
The burden of proof rests with the accuser and we are not required to assist our accuser in any way.

YThat's right. And the State does not have to issue a drivers license. If you don't want to agree to consent to a sobriety test on demand, don't accept a drivers license in the first place. Generally, refusal results in loss of the license without any need ofr a DWI charge being filed. A drunk driving conviction rests on court testimony and evidence presented at trial. BTW, how often do you think a sober. non drinking driver refuses a test? People refuse to be tested, knowing it will cost them their license, because thay are drinking and know they will fail a test.

20 posted on 02/06/2004 7:13:23 AM PST by templar
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To: templar
If you don't want to agree to consent to a sobriety test on demand, don't accept a drivers license in the first place.

In Alabama (as far as I know – this is what I learned from jury duty), the refusal to take a Breathalyzer test will result in the suspension of your license for a period of time (6 months I think). That refusal in itself is a crime.
In order to be convicted of DUI the officer presents evidence in court (driving recklessly, alcohol smell on breath, can’t walk, etc). The result of the field Breathalyzer is simply another piece of evidence. You can be convicted of DUI without having submitted to the test.
I disagree with the law about refusal alone being a crime, but it is the law passed by our elected representatives.

how often do you think a sober. non drinking driver refuses a test?

I have no idea but I do know about a similar event.
I have been stopped for speeding a few times (I drive around 70,000 miles a year – the “law of averages” catches up with me at times – that and the fact that I do speed a bit). On four occasions I have been asked if I would consent to a search of my truck. Each time I asked what behavior the officer had observed that would indicate that I had something to hide. Three of those four times I was told that simply speeding (usually 10 mph over the limit) was the probable cause. Once the officer told me that someone had reported a truck similar to mine that might be transporting drugs.

The drug thing seemed reasonable. I have no idea if he was being truthful but I consented. After the search the officer told me that they had been trying to ID and catch this guy for several weeks.

The other three were absurd so I said no. Two of the guys threatened me that they could search anyway and did’t need my consent. I responded nicely and respectfully that that was their prerogative what they did, but that they would have to do it without my consent. All three let me go.

In none of the cases did I have anything to hide. At one time in this country we valued the protection against unreasonable search and seizure. I have a real problem with any enforcement agency imposing anything without probable cause. I will resist continually.

I strongly disagree with the premise that refusing to cooperate indicated guit.
23 posted on 02/06/2004 12:05:38 PM PST by GrandEagle
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