The results of the road side test are not admissable period. The officer has to have other probable cause to make the arrest, the preliminary breath test is for their information.
Are alcohol/drug tests mandatory after car crash?
- Thread starter Wrkn4livn
- Start date
The results of the road side test are not admissable period. The officer has to have other probable cause to make the arrest, the preliminary breath test is for their information.
nomoney
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foodcritic
New Member
Partially true
If you refuse chemical testing (after arrest) you will lose your license. Your license (in the fine print) means you provide "Implied Consent". Meaning by having a license you in turn will consent to chemical testing when probable cause exists to believe your under arrest. A roadside PBT means absolutely nothing. Not admissible in court. It can only be used as a clue for the officer.
If your a juvenile/under 21 they can give it to you. That's all they need to cite you for the underage alcohol consumption/civil citation.
MMDad
Lem Putt
You sound like you're arguing with my assertion that the roadside test is not admissable by saying it is not admissable. WTF?
You say it's not admissable "other than....." I was just pointing out that it wasn't admissable at all.
Nobody with half a brain could ever out sum you, but it don't take lots of brains to assume.
I wish I was as cool as you....
You are not an..
attorney please don't try to sound like one...It shows how stupid you really are...
attorney please don't try to sound like one...It shows how stupid you really are...
MMDad
Lem Putt
Time to pass out Tommy. Lots of booze to drink tomorrow. Don't worry though - you'll time travel your way through the week again.
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MMDad
Lem Putt
Actually, the road side breath test can be brought in to show that there was probable cause to arrest the driver. The fact that the breath test was done and pass/fail is admissable, but the quantitative result (or BAC) is not admissable.
Would a dead body under the car be considered a sign?
I was going to write this exhuastive response explaining the rule to you, but instead decided to simply tell you that you are wrong. Have a nice day.
That would be reason enough. A number of cops are going to go fishing if they have a teen pulled over because a good portion of the time they will find something (be it weed or an alcholic beverage container). Snce most people don't realize they can say NO to the request to search your vehicle, it's considered legal because you gave consent.
I know for a fact that some will stop what they believe is a teenage boy just to search the car. Only problem in one case was it was not a teenager, and the person knew their rights. The outcome of the stop wasn't even a warning because the only reason for the traffic stop was the time of day and who the officer believed was driving the car. Oh, and there was no apology either, just one pissed off cop.
Sober people usually don't run off the road, there's your probably cause.
There was no search, he ran into a tree, it's an investigation following an accident.
True 'accidents' happen on occation as your friend has proven but any cop that comes on scene of a traffic accident at night would wonder if the driver (no matter the age) is possibly drunk. What time at night was this?
I would venture to guess the drivers responses to the officers questions is what prompted the test.
MMDad
Lem Putt
Here are cases where the preliminary breath test was admitted for the reason I stated:
http://mdcourts.gov/opinions/coa/2007/123a06.pdf
http://mdcourts.gov/opinions/coa/2007/88a06.pdf
There are many more.
Should I believe you or the COA?
MMDad
Lem Putt
Roadside sobriety tests are considered a search under the 4th amendment. The officer needs reasonable suspicion, not probable cause, to do the tests.
Ok, this I did not know, however wouldn't hitting a tree be suspicious enough?
Most sober drivers don't run into things.
Roman
Active Member
Crash & Testing
The Cop was following his Protocol. Depending on the severity of the Crash, they WILL test you. If there were serious injuries, or a Fatality..all parties involved will be tested, mainly with Blood Work, because it's more accurate. Even the deceased are tested. I know that you said he had a few bumps & bruises, and that he was fine. Considering he is a Juvinile, and it was a single vehicle crash, the Cop was just doing his Job. Even though this Kid probably does NOT drink, there are so many that do, and that's where Driver Error comes in to play in some Crashes.
The Cop was following his Protocol. Depending on the severity of the Crash, they WILL test you. If there were serious injuries, or a Fatality..all parties involved will be tested, mainly with Blood Work, because it's more accurate. Even the deceased are tested. I know that you said he had a few bumps & bruises, and that he was fine. Considering he is a Juvinile, and it was a single vehicle crash, the Cop was just doing his Job. Even though this Kid probably does NOT drink, there are so many that do, and that's where Driver Error comes in to play in some Crashes.
You know.......
None of us were there, I doubt the OP was either, we don't know the chain of events.
I'm sure the officer acted appropriately to the situation at hand, kudos to him giving the test and kudos to the kid for being sober.
Sorry if little 'Johnny' got his feelings hurt (if at all) but that's life, get over it.
This could have had a much different outcome, it's great that no one was hurt.
Be thankfull and move on.
None of us were there, I doubt the OP was either, we don't know the chain of events.
I'm sure the officer acted appropriately to the situation at hand, kudos to him giving the test and kudos to the kid for being sober.
Sorry if little 'Johnny' got his feelings hurt (if at all) but that's life, get over it.
This could have had a much different outcome, it's great that no one was hurt.
Be thankfull and move on.